LawProse Lesson #158: Whether “whether” causes problems for writers.

Whether whether causes problems for legal writers. Yes, it does — in four ways: (1) in issue statements, (2) in the common misusage of if for whether, (3) in needless instances of whether or not, and (4) in the proper phrasing of an appositive (question whether vs. question of whether vs. question as to whether). …

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Garner’s Usage Tip of the Day: wary; weary.

wary; weary. To be “wary” of something is to be on one’s guard against it: cautious, watchful, and perhaps worried. E.g.: “Consumers remain wary of anthrax sent through the mail.” Stephanie Miles, “Apparel E-tailers to Spruce Up for Holidays,” Wall Street J., 6 Nov. 2001, at B6. To be “weary” is to be physically fatigued …

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Garner’s Usage Tip of the Day: wanton; reckless.

wanton; reckless. In law, the word “wanton” usually denotes a greater degree of culpability than “reckless” does. A reckless person is generally fully aware of the risks and may even be trying and hoping to avoid harm. A wanton person may be risking no more harm than the reckless person, but he or she is …

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Garner’s Usage Tip of the Day: want, n.

want, n. The usual sense, of course, is “something desired” or “a desire.” But “want” has a long history as a formal word meaning “lack,” especially in the phrase “for want of.” Though this sense formerly had a literary cast, today it is fairly common even in informal writing — e.g.: o “The Republican incumbent, …

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Garner’s Usage Tip of the Day: Miscellaneous Entries.

Miscellaneous Entries. variable, adj.; variant, adj.; variational; *variative. “Variable” = subject to variation; characterized by variations. “Variant” = differing in form or in details from the one named or considered, differing thus among themselves (Concise Oxford Dictionary). “Variational” = of, pertaining to, or marked or characterized by variation. *”Variative” shares the senses of “variational”; because …

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LawProse Lesson #157: An Immediate Improvement for Contracts

What’s the easiest way to improve most transactional drafting? Rigorously impose a consistent numbering system, create more headings, and banish romanettes. Use a cascading left-hand indent. Ideally, the numbering has four levels of breakdown. That’s all you’ll normally need: Imposing this format on existing documents has several advantages. First, you’ll discover many needless inconsistencies in …

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Garner’s Usage Tip of the Day: waiver.

waiver. “Waiver” (= voluntary relinquishment of a right or advantage) is primarily a noun; “waver” (= to vacillate) is primarily a verb. It is a fairly common solecism to misuse “waiver” for “waver” — e.g.: o “But when the defense lawyer found out the judge was waivering [read ‘wavering’], Mr. Polanski left the country.” Caryn …

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Garner’s Usage Tip of the Day: waive.

waive. Part A: Narrowing of Sense. This word has undergone what linguists call “specialization,” its primary sense having gotten narrower with time. Originally, “waive” was just as broad as “abandon” {the fleeing thief waived the stolen goods}. But today, “waive” means “to relinquish voluntarily (something that one has the right to expect)” {the popular entertainer …

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Garner’s Usage Tip of the Day: waistband.

waistband. “Waistband” is sometimes, in a gross error, written *”wasteband” — e.g.: o “The women sucked in their breath and tried to push their belly-buttons into fleshy balloons over their wastebands [read ‘waistbands’].” Rebecca Walsh, “Dancers at Fest Bare Their Bellies, Escape Daily Grind,” Salt Lake Trib., 28 Aug. 1994, at B1. o “He allegedly …

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Garner’s Usage Tip of the Day: waist; waste.

waist; waste. Substituting “waste” for “waist” is most often a pun — e.g.: “County Is Waste-Deep in Reduction/Recycling Assistance” (headline), Tampa Trib., 9 Nov. 2008, Local News §, at 3. But not always — e.g.: o “Johnny Campbell, 22, tied a tow chain around his waste [read ‘waist’] and waded through waste-deep [read ‘waist-deep’] water …

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Garner’s Usage Tip of the Day: Miscellaneous Entries.

Miscellaneous Entries. v.; vs. Both are acceptable abbreviations of “versus,” but they differ in application: “vs.” is more common except in names of law cases, in which “v.” is the accepted abbreviation. vagina; vulva. The term “vagina” is now frequently used to denote not just the internal organ (the strict meaning), but also the external …

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Garner’s Usage Tip of the Day: vouchsafe.

vouchsafe. “Vouchsafe” ordinarily denotes “to grant something in a condescending way,” or, more neutrally, “to grant something as a special favor.” The word is often mildly sarcastic — e.g.: “Gen. Powell’s opinions, as he has been vouchsafing them, were unformed or, where formed, oddly out of date.” “America’s Son,” Nat’l Rev., 27 Nov. 1995, at …

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LawProse Lesson #156: The biggest mistake in motion practice.

The biggest mistake in motion practice. What’s the biggest mistake commonly made in motion practice? It’s getting off to a bad start, typically with a repugnant paragraph containing cumbersome boilerplate and parenthetical definitions that insult the judge’s intelligence. A brief that gets off to a bad start is a bad brief. There is no recovering. …

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Garner’s Usage Tip of the Day: Vogue Words.

Vogue Words. In the mid-1990s, unnatural-looking hair dye became all the rage. Teenagers used it. Thirty-somethings used it — and applied it to their young children’s hair. Women of all ages used it. Even many middle-aged men used it. By 2001, the craze had long since spread over the globe. For example, in the summer …

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Garner’s Usage Tip of the Day: vociferous; voracious.

vociferous; voracious. A “vociferous” person is loud, noisy, and clamorous; a “vociferous” crowd is characterized by unrestrained yelling. A “voracious” person or animal, meanwhile, devours food ravenously; a “voracious” reader has an insatiable desire for books, magazines, and other reading materials. In short, although the two words appear similar, they apply to very different types …

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Garner’s Usage Tip of the Day: viz.

viz. “Viz.” is an abbreviation of the Latin word “videlicet” (fr. “videbere” “to see” + “licet” “it is permissible”). The English-language equivalents are “namely” and “that is,” either of which is preferable. Like its English counterparts, the Latin term signifies that what follows particularizes and explains a general statement. E.g.: o “For too long Virginia’s …

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Garner’s Usage Tip of the Day: Miscellaneous Entries.

Miscellaneous Entries. used-book store. So written, not *”used bookstore.” E.g.: “We all have this vision of the perfect used bookstore [read ‘used-book store’]: it seems to come out of a Dickens story, or maybe the film version of The Old Curiosity Shop.” Ian C. Ellis, Book Finds: How to Find, Buy, and Sell Used and …

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Garner’s Usage Tip of the Day: visit, n.; visitation.

visit, n.; visitation. Dictionaries have long labeled these nouns synonyms, and for the most part their senses overlap. “Visitation,” for example, may denote simply the act or an instance of visiting — e.g.: “Visitation is seasonal; few guests come in winter.” Jay Clarke, “Up Close with Six Florida Islands,” Chicago Trib., 21 Jan. 2007, Travel …

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Garner’s Usage Tip of the Day: visible; visual.

visible; visual. “Visible” means “capable of being seen; perceptible to the eye.” “Visual” means “of or relating to vision or sight.” Thus, the phrase for a blind or nearly blind person is “visually impaired,” not *”visibly impaired,” which is something of a malapropism — e.g.: o “Lyons also hopes to exhibit a sensory garden in …

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Garner’s Usage Tip of the Day: vis-à-vis.

vis-à-vis. “Vis-à-vis” (lit., “face to face”) is a multihued preposition and adverb in place of which a more precise term is often better. The traditional sense is adverbial, “in a position facing each other.” But the word is most often figurative. And as a preposition, “vis-à-vis” has been extended to the senses “opposite to; in …

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