LawProse Lessons

least worst. This phrase, like its kissing cousin “least worse,” doesn’t make literal sense: it should be “least bad.” If you have several undesirable options with varying levels of undesirability, only one can be the worst. All the others are less bad, and the least undesirable is the least bad. With a superlative adverb such […]

Miscellaneous Entries. jetsam (= goods abandoned at sea and submerged indefinitely) is so spelled — not “jetsom.” E.g.: “A box contains the flotsam and jetsom [read ‘jetsam’] she collects to make impressions in the sand.” Larry Maddry, “Artist Finds a Home for Her Creative Spirit via the Sand of Virginia,” Virginian-Pilot (Norfolk), 25 Oct. 1995,

lease, vb.; let. “Let” (10th c.) is 300 years older than “lease” (13th c.) in the sense “to grant the temporary possession and use of (land, buildings, rooms, movable property) to another in return for rent or other consideration.” But both are well established, and they are equally good. As used by real estate agents

lay waste. The traditional idiom is an unusual one: either “they laid waste the city” or (a variant form) “they laid the city waste.” “Lay” is the verb; “city” is the object; and “waste” is an adjective serving as an objective complement. The structure of “they laid waste the city” is like that of the

Miscellaneous Entries. jail; gaol. The first is the American spelling; the second is the British variant. Both words, of course, are pronounced /jayl/. janissary (= a loyal, subservient follower) is the standard spelling. It is capitalized only when used to mean “a Turkish infantry soldier in the sultan’s guard.” “Janisary” and “janizary” are variant forms.

layman; layperson; lay person. “Layman” is the most common among these terms and is commonly regarded as unexceptionable — in reference to members of both sexes, of course. E.g.: o “James Wilkinson, the 55-year-old layman who carried the cross at the head of Princess Diana’s funeral procession, said he had never experienced anything like Saturday’s

lay; lie (3). Part C: “laid” for Past-Tense “lay.” The “lay”-for-“lie” error also occurs with the past-tense forms — e.g.: “He laid [read ‘lay’] down flat on the ground and looked around for an object or landmark he might have missed from a higher angle.” “Pumpkin Place,” Amarillo Daily News, 4 Mar. 1996, at C1.

lay; lie (2). Today: “lay” for “lie.” This is one of the most widely known of all usage errors — e.g.: o “If you’ve got an extra $79,800 laying [read ‘lying’] around you could become the proud owner of two vacant buildings on the southeast corner of the Canyon square.” Bill Rogers, “Buildings Priced at

lay; lie (1). Today: The Distinction. Very simply, “lie” (= to recline, be situated) is intransitive — it can’t take a direct object {he lies on his bed}. But “lay” (= to put down, arrange) is always transitive — it needs a direct object {please lay the book on my desk}. The verbs are inflected

lawyer; attorney; counsel; counselor. The two most common among these, “lawyer” and “attorney,” are not generally distinguished even by members of the legal profession — except perhaps that “lawyer” is often viewed as having negative connotations. Thus one frequently hears about “lawyer-bashing,” but only the tone-deaf write “attorney-bashing” — e.g.: “Attorney-bashing [read ‘Lawyer-bashing’] always will

lawsuit. Journalists often misuse “lawsuit” (one word) for “complaint” (= the paper that is filed to start a lawsuit) — e.g.: o “In its 18-page lawsuit [read ‘complaint’], Viacom-owned CBS alleged: ‘”Celebrity” was consciously designed to mimic “Survivor” and unfairly trade on its success.’” Meg James, “CBS Sues to Block New ABC Program,” L.A. Times,

lavish, vb. As a transitive verb, “lavish” takes a direct object, but it is traditionally a thing, not a person. That is, you lavish gifts on a person, not a person with gifts. But writers have begun to engage in object-shuffling with this verb — e.g.: “Mayor Willie Brown welcomed Philippine President Joseph Estrada with

Miscellaneous Entries. irrelevance; irrelevancy. The former is generally preferred. The only plural form, however, is “irrelevancies.” irreligious; unreligious. Both words essentially mean “not religious.” But “irreligious” often suggests conscious indifference or even hostility toward religion. “Unreligious” is the more neutral term. irreparable is pronounced /i-REP-uh-ruh-buhl/. irresistible. So spelled — not “irresistable.” irrespective of = regardless

launch. “Launch” has become a vogue word when used in the sense “to begin, initiate” — e.g.: o “USAir Chairman Seth Schofield . . . is visiting Pittsburgh to launch a new service to Mexico City today.” Steve Creedy, “Travel Agents Slap Airlines over Fee Caps,” Pitt. Post-Gaz., 15 Feb. 1995, at F1. o “DuPage

laudatory; laudative; laudable. The adjectives “laudatory” and “laudative” both mean “expressing praise.” But “laudative” is a needless variant of “laudatory,” the much more common word. “Laudable,” in contrast, means “deserving praise.” The distinction is the same as that between “praiseworthy” (= laudable) and “praiseful” (= laudatory). The misuse of “laudatory” for “laudable” is lamentably common

Latinisms. In the English language, Latin words and phrases typically fall into one of six categories: (1) the ones that are now so common that they’re barely recognizable as Latin (“bonus,” “data,” “vice versa”); (2) the ones that are reduced to abbreviations in scholarly contexts (“e.g.,” “i.e.,” “ibid.,” “id.”); (3) the ones used in the