LawProse Lessons

Miscellaneous Entries. ipse dixit (lit., “he himself said it”) = something said but not proved; a dogmatic statement — e.g.: “[Justice William Brennan’s] real doctrine always showed through. It was the doctrine of ipse dixit: He has said it, so it must be so.” “Death with Dignity,” Richmond Times-Dispatch, 30 Apr. 1996, at A8. ipso […]

larynx. “Larynx” /LAR-ingks/ is sometimes, through metathesis, mispronounced /LAR-uh-niks/ or /LAHR-niks/. From the latter mispronunciation comes the inevitable misspelling — e.g.: o “[Ken] Raabe [a puppeteer] uses an object called a swazzle, a kind of small artificial larnyx [read ‘larynx’] placed at the back of his throat, to make the traditional shrill, raspy voice of

laissez-faire; laisser-faire. The former spelling has long been standard. Some British publications, however, continue to use the outmoded spelling (“laisser”) — e.g.: o “Should Hongkong’s laisser-faire [read ‘laissez-faire’] government do an about-face to build Hongkong Inc?” “Farewell to Adam Smith,” Economist, 30 Sept.-6 Oct. 1989, at 71. o “This is bonkers, though par for the

lady. This word has become increasingly problematic. Though hardly anyone would object to it in the phrase “ladies and gentlemen” or on a restroom sign, most other uses of the term might invite disapproval — depending on the readers’ or listeners’ views about sexism. It isn’t a skunked term, but it’s gradually becoming something like

laden. Part A: As a Past Participle Equivalent to “loaded.” “Laden” survives today as a participial adjective {a laden barge} and not as a past participle. To use “laden” as a part of the verb phrase is to be guilty of archaism, although it is still used in shipping contexts {the ship was laden by

Miscellaneous Entries. introductory should never be used in the phrase “be introductory of” (something); one should instead write “introduce” — e.g.: “This first section is introductory of [read “introduces”] some of the tenets that constitute part of that framework.” As a noun, “introductory” sometimes serves as a chapter title, but it is inferior to “introduction.”

lacuna. “Lacuna” is a formal word for “gap” — e.g.: o “‘London Bridge’ . . . isn’t likely to answer the question, since it simply fills a literary lacuna.” Book Rev., “Celine Away,” Village Voice, 11 July 1995, at 12. o “Female gymnasts inhabit a very strange and specific lacuna between girl and woman.” Jonathan

lachrymose; lacrimose. This word, meaning “tearful,” is generally spelled “lachrymose,” which is about 200 times as common as “lacrimose” in modern print sources. Both forms have ancient origins: the classical Latin term is “lacrima” (= teardrop), but the “-chry-” spelling crept into medieval Latin (“lachrymalis”). That newer spelling has long been standard — e.g.: o

Labour Party; Labor Party. In Great Britain, the spelling is “Labour Party”; in Australia, the spelling is “Labor Party.” How should Americans spell the name of the British party? Most newspapers Americanize the spelling, making it “Labor,” but the better practice is to spell this proper name, like any other, the way the nameholder spells

Miscellaneous Entries. intimidatable. So formed — e.g.: “Sloan was perhaps the least intimidatable player in league history.” Ray Ratto, “Nobody Sings the Blues Louder Than the Jazz,” News & Observer (Raleigh), 6 June 1997, at C1. intramural = conducted within the limits of an organization or body, esp. of an educational institution. The term is

kudos. “Kudos” (best pronounced /KYOO-dahs/ or /KYOO-dohs/, with no “-z” sound at the end) derives from the Greek word “kydos” (“glory”). A singular noun meaning “praise, glory,” it is sometimes erroneously thought to be a plural — e.g.: “Last week, he was nominated for best breakthrough performance by the Independent Spirit Awards, and more kudos

Miscellaneous Entries. intervener. Preferably so spelled — “intervenor” is an exclusively legal spelling. in the course of. This is often wordy for “during” or “while” — e.g.: “Billingsley got to know the widow Doss pretty well in the course of [read ‘during’] the investigation.” Bill Thomas, “He Can Name Tune but Can’t Find Lyrics,” Jupiter

kidnapping (2). Today: Sense. “Kidnapping” = the act or an instance of taking or carrying away a person without his or her consent, by force or fraud, and without lawful excuse. Does “kidnapping” refer only to the napping of kids? No. At common law, it was defined as the forcible abduction or stealing away of

kidnapping (1). Today: Spelling. Spell-check programs notwithstanding, the spelling with “-pp-” is preferred by convention. But the inferior spelling “kidnaping” occasionally appears. That spelling has its defenders — e.g.: “The form with a single ‘p’ is to be preferred because it is a general rule of spelling that the accent determines whether or not to