LawProse Lessons

Garner’s Usage Tip of the Day: sow, vb.

sow, vb. Part A: Inflection: sow / sowed / sown. In the past participle, *"sowed" is a variant form. In modern print sources, "sown" predominates by a 6-to-1 ratio. Part B: Sowing wild oats. To "sow" is to scatter seed. By extension, to "sow one's wild oats" is to engage in youthful promiscuity or other […]

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Garner’s Usage Tip of the Day: sour grapes.

sour grapes. This is one of the most commonly misused idiomatic metaphors. It is not a mere synonym of "envy" or "jealousy." Rather, as in Aesop's fable about the fox who wanted the grapes he could not reach, "sour grapes" denotes the human tendency to disparage as undesirable what one really wants but can't get

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

Miscellaneous Entries. sound bite. So spelled — not *"sound byte." E.g.: "Although this was a fairly logical prediction to make, knowing the teams, their styles, and their media sound bytes [read 'bites'] throughout the week, Kawakami hit the nail on the head." "For His Next Trick: Tonight's Winning Lottery Numbers," L.A. Times, 22 Mar. 1997,

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LawProse Lesson #99

Why did the late David Mellinkoff object to using “last will and testament”? The phrase last will and testament is a common legal doublet — a ceremonious phrase with ancient resonances. Sir Edward Coke (1552-1634) referred to an ultima voluntas in scriptis (= last will in writing). Last will and testamentis not a term of

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Garner’s Usage Tip of the Day: Sound of Prose (2).

Sound of Prose (2). Today: Awkward Repetition. Too much repeating of sounds can enfeeble your style, especially if two different forms of the same root appear close together — e.g.: o "The major role of legislative liaisons is to answer legislators' [read 'lawmakers'] questions about the impact of proposed legislation [read 'bills'] on various agencies."

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Garner’s Usage Tip of the Day: Sound of Prose (1).

Sound of Prose (1). Today: Undue Alliteration or Rhyme. Every writer is occasionally guilty of having a tin ear. But the effective writer is self-trained not to write in a way that distracts with undue alliteration, unconscious puns, accidental rhyming, or unseemly images. These clunkers are sure to irritate some readers. And although clunkers are

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Garner’s Usage Tip of the Day: sortie.

sortie. "Sortie" (= [1] a raid, esp. an unexpected attack from a besieged position; [2] by extension, an excursion) is occasionally misspelled *"sortee" — e.g.: o "NATO says it has flown 1,700 sortees [read 'sorties'] as of Wednesday, a quarter of which were bombing runs." Lance Gay, "The Daily Cost: Approximately $40 Million," Pitt. Post-Gaz.,

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LawProse Lesson #98

Is there ever a good reason to use “hereby” in your writing? ANSWER: Hereby is usually needless legalese akin to other here– and there– incantations (herein, thereinafter, hereof, thereto, heretofore, thereunder, herewith). These words summon up a supposed aura of legal ceremoniousness. They make legal writing an easy target for satirists. Good legal writers avoid

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Garner’s Usage Tip of the Day: sophistic(al); sophic(al).

sophistic(al); sophic(al). These words have opposite connotations. The former (usually "sophistical") means "quibbling, specious, or captious in reasoning." The latter (usually "sophic") means "learned; intellectual." "Sophistical," the disparaging term, is more common — e.g.: o "His sophistical alibi that he has a duty and responsibility to bless the rest of the nation with his political

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Garner’s Usage Tip of the Day: *sooner rather than later.

*sooner rather than later. Not only is this idiom redundant; it isn't entirely logical because the comparison is never completed. Sooner and not later than what? "Soon" is usually an improvement — e.g.: o "If so, that could dampen fears that the Federal Reserve will act sooner, rather than later, [read 'soon'] to boost interest

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Garner’s Usage Tip of the Day: Language-Change Index.

Language-Change Index. The third edition of Garner's Modern American Usage reflects several new practices. Invariably inferior forms, for example, are now marked with asterisks preceding the term or phrase, a marking common in linguistics. The most interesting new feature is the Language-Change Index. Its purpose is to measure how widely accepted various linguistic innovations have

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

Miscellaneous Entries. solo. The plural is solos — preferably not *soli. soluble; solvable. Soluble is usually applied to dissolvable substances, whereas solvable is usually applied to problems. But soluble is also sometimes used in reference to problems; this usage is acceptable, though not preferred. somber; sombre. The first is American English, the second British English.

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Garner’s Usage Tip of the Day: sometime (2).

sometime (2). Today: Two More Uses. Part A: As an Adjective Meaning “former.” This is a slightly archaic sense of “sometime”: “my sometime companion.” The word does not properly signify “on-again-off-again” or “occasional” — as it appears to in the following quotation (as suggested by the incorrect use of “sometimes”): “Jack Kemp, the former Congressman

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LawProse Lesson #97: “Between” vs. “among”

Is it ever proper to use between when expressing a relation with more than two things? ANSWER: Yes. Good writers commonly use between when referring to more than two things that have reciprocal relations. It’s a common superstition that you should never use between when talking about more than two elements. Generally, between does apply

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Garner’s Usage Tip of the Day: sometime (1).

sometime (1). Today: And "some time." "Sometime" = at an indefinite or unspecified time; esp., at a time in the future {we'll see each other sometime}. "Some time" = quite a while {they spent some time together}. The difference may be illustrated by contrasting the senses of these two sentences: (1) "It was not until

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Garner’s Usage Tip of the Day: solicit (1).

solicit (1). Today: For “elicit.” To “solicit” a response is to request it. To “elicit” a response is to get it. But some writers confuse the two, usually by misusing “solicit” for “elicit” — e.g.: “‘The way the question was worded didn’t solicit [read ‘elicit’] the type of response I think we were looking for,’

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

Miscellaneous Entries. *software program. Avoid this redundancy. Either word will do, though “software” will usually be the better choice because it’s the narrower term. solace (= comfort in sorrow or trouble; relief from distress) should not be used merely as a synonym of “comfort,” without the circumstance of grief or distress being implied. The misuse

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LawProse Lesson #96

What’s the best way to build your vocabulary? Why is it a good idea to do so?  ANSWER: First, keep a vocabulary notebook. Jot down every unfamiliar word that you encounter, look it up in a reliable dictionary, and copy down its definition. Commit it to memory. Try to make it yours. Second, read a

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Garner’s Usage Tip of the Day: solely.

Like “only,” this word is sometimes misplaced syntactically — e.g.: “Orick said that although the educational programs are sponsored by Purdue University, they are not solely related [read ‘related solely’] to preservation of agricultural farmlands.” Welton W. Harris II, “Land-Use Plan Sessions Scheduled,” Indianapolis News, 2 Dec. 1997, Metro N. §, at 1. Also, the

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