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LAWPROSE LESSON #131: WHEN SHOULD YOU CAPITALIZE “COURT Capitalize court in legal documents in only four situations: 1. When you’re referring to the United States Supreme Court {the Court’s opinion in Marbury v. Madison }. 2. When you’re stating a court’s full name {the Court of Appeals for the Fifth Circuit} {the Michigan Supreme Court}. 3. When you’re referring to the court you’re LAWPROSE LESSON #213: CASELAW: ONE WORD OR TWO? Caselaw: one word or two?. Two-syllable noun phrases often begin as separates, then become hyphenated, and then become solidified. Take, for example, the word today.It started as two words {to day}.In the 19th century it was commonly hyphenated {to-day}.The Century Dictionary (1895) listed to-day as the preferred form with today as a variant.In 1934 the venerable Webster’s New International LAWPROSE LESSON #197: USING ELLIPSIS DOTS WITH QUOTATIONS Tip #1. Use three ellipsis dots to signal that you’ve omitted one or more words midsentence within a quotation. Omit any punctuation that appears on either side of the removed matter, unless it is grammatically needed in the new sentence. Ex.: “Don’t announceregretfully . .
LAWPROSE LESSON #125: “ONE OF THOSE WHO ARE” OR “ONE OF The lesson here: Don’t be one of those people who mistakenly believe that the word believe earlier in this sentence should have been believes. Sources: Garner’s Modern American Usage 591-92 (3d ed. 2009). Garner’s Dictionary of Legal Usage 634 (3d ed. 2011). The LAWPROSE LESSON #246: LAST-ANTECEDENT CANON VS. SERIES LawProse Lesson #246: Last-Antecedent Canon vs. Series-Qualifier Canon. Textualism remains the primary interpretive method used by most American judges. On Tuesday of last week, the United States Supreme Court issued two of its most thoroughly textualist opinions ever: a majority opinion by Sotomayor J. and a dissent by Kagan J. Both aremarked
LAWPROSE LESSON #133: SHOULD YOU WRITE “PLAINTIFF,” “THE Lawyers have essentially co-opted party designations as faux proper names. There’s a respectable dissentient view that this convention should be changed, but it’s firmly established. In any event, never use all-caps for party designations. When you’re discussing a legal precedent, use the and don’t capitalize plaintiff, defendant, etc. LAWPROSETRAINING CLE SEMINARSFAQ ANSWERSCONSULTING BRIEFS & CONTRACTS Training CLE Seminars. Public Seminars. Calendar; Register; Brochures; In-House Seminars & Trainings. Advanced Legal Writing & Editing; Advanced Transactional Drafting; Drafting & BETTER BRIEF–WRITING Better Brief–Writing. Download a PDF description. Who is an additional viewer? In three hour-long sessions, Professor Bryan A. Garner, the nation’s foremost expert on writing winning briefs, teaches you how to connect with—and persuade—your judicial readers. You’ll learn: The mindset of the truly persuasive writer—and why so few LAWPROSE LESSON #226: “INCLUDING BUT NOT LIMITED TO In this contract, including means ‘including but not limited to.’”. That’s all you need. Just once. Then search for the word including throughout your long contract to ensure that you’ve met the other standards outlined in the preceding paragraph. Having taught contract-drafting for LAWPROSE LESSON #215: HOW DO YOU DECIDE WHICH LATIN The answer depends on how thoroughly naturalized the word, abbreviation, or phrase has become in English. If the term has become so commonplace in English that it is said to be “anglicized,” it stays in roman type; if it’s persistently considered a foreignism, it should be in italics. If that sounds like a fuzzy “rule,”you’re right.
LAWPROSE LESSON #131: WHEN SHOULD YOU CAPITALIZE “COURT Capitalize court in legal documents in only four situations: 1. When you’re referring to the United States Supreme Court {the Court’s opinion in Marbury v. Madison }. 2. When you’re stating a court’s full name {the Court of Appeals for the Fifth Circuit} {the Michigan Supreme Court}. 3. When you’re referring to the court you’re LAWPROSE LESSON #213: CASELAW: ONE WORD OR TWO? Caselaw: one word or two?. Two-syllable noun phrases often begin as separates, then become hyphenated, and then become solidified. Take, for example, the word today.It started as two words {to day}.In the 19th century it was commonly hyphenated {to-day}.The Century Dictionary (1895) listed to-day as the preferred form with today as a variant.In 1934 the venerable Webster’s New International LAWPROSE LESSON #197: USING ELLIPSIS DOTS WITH QUOTATIONS Tip #1. Use three ellipsis dots to signal that you’ve omitted one or more words midsentence within a quotation. Omit any punctuation that appears on either side of the removed matter, unless it is grammatically needed in the new sentence. Ex.: “Don’t announceregretfully . .
LAWPROSE LESSON #125: “ONE OF THOSE WHO ARE” OR “ONE OF The lesson here: Don’t be one of those people who mistakenly believe that the word believe earlier in this sentence should have been believes. Sources: Garner’s Modern American Usage 591-92 (3d ed. 2009). Garner’s Dictionary of Legal Usage 634 (3d ed. 2011). The LAWPROSE LESSON #246: LAST-ANTECEDENT CANON VS. SERIES LawProse Lesson #246: Last-Antecedent Canon vs. Series-Qualifier Canon. Textualism remains the primary interpretive method used by most American judges. On Tuesday of last week, the United States Supreme Court issued two of its most thoroughly textualist opinions ever: a majority opinion by Sotomayor J. and a dissent by Kagan J. Both aremarked
LAWPROSE LESSON #133: SHOULD YOU WRITE “PLAINTIFF,” “THE Lawyers have essentially co-opted party designations as faux proper names. There’s a respectable dissentient view that this convention should be changed, but it’s firmly established. In any event, never use all-caps for party designations. When you’re discussing a legal precedent, use the and don’t capitalize plaintiff, defendant, etc. LAWPROSE LESSON #125: “ONE OF THOSE WHO ARE” OR “ONE OF The lesson here: Don’t be one of those people who mistakenly believe that the word believe earlier in this sentence should have been believes. Sources: Garner’s Modern American Usage 591-92 (3d ed. 2009). Garner’s Dictionary of Legal Usage 634 (3d ed. 2011). The LAWPROSE LESSON #149: “FURTHER AFFIANT SAYETH NAUGHT LawProse Lesson #149: “Further affiant sayeth naught”. Further affiant sayeth naught. Many affidavits close with this classic legalese or some variation of it. Other than the obvious questions (“What does it mean?” and “Is it necessary?”), this phrase gives rise to two stylistic dilemmas. ADVANCED LEGAL WRITING & EDITING (ONLINE) Advanced Legal Writing & Editing (Online) Download a PDF description. Seminar registration closes 7 business days before seminar date. Our most popular seminar focuses on analytical and persuasive writing. Professor Bryan A. Garner gives you the keys to make the most of your writing aptitude. Most examples coming from actual memos and briefs. LAWPROSE LESSON #133: SHOULD YOU WRITE “PLAINTIFF,” “THE Lawyers have essentially co-opted party designations as faux proper names. There’s a respectable dissentient view that this convention should be changed, but it’s firmly established. In any event, never use all-caps for party designations. When you’re discussing a legal precedent, use the and don’t capitalize plaintiff, defendant, etc. ADVANCED LEGAL WRITING & EDITING Seminar registration closes 7 business days before seminar date. Our most popular seminar focuses on analytical and persuasive writing. Professor Bryan A. Garner gives you LAWPROSE LESSON #234: STRICKEN FROM THE RECORD OR STRUCK A Westlaw search in the “allcases” database shows that stricken from the record has predominated in the last ten years by a 7-to-1 ratio. Given stricken ‘s frequency of use in legal writing, some lawyers may conclude that they should continue to use the term. Others will prefer to stick with struck —the more correct past participle. THE REDBOOK: A MANUAL ON LEGAL STYLE, 4TH EDITION, 2018 The book is a one-of-a-kind resource—the legal writer’s equivalent of The AP Stylebook or The Chicago Manual of Style. The brand-new fourth edition has lots of new material, including an especially helpful new chapter on handling quotations. The two exhaustive indexes (word and subject), plus the detailed table of contents, make it easyto
LAWPROSE LESSON #203: “LIE LOW” OR “LAY LOW”? Use lie low in the present tense; lay low in the past tense. Ex.: The celebrity is lying low for a few weeks to avoid news reporters. Ex.: Last month, that same celebrity lay low to avoid the paparazzi. Ex.: He has lain low for almost a year. The base verb used here, of course, is lie, conjugated lie – lay – lain, not the transitive lay as GARNER’S GUIDELINES FOR DRAFTING AND EDITING CONTRACTS Garner’s Guidelines for Drafting and Editing Contracts, 2019. (West Academic, 2019) Purchase from Amazon. Bryan A. Garner, the editor in chief of Black’s Law Dictionary, has long been the standard bearer not only for contract drafting but also for legislative drafting, rule drafting, brief-writing, and GARNER’S USAGE TIP OF THE DAY: SPLIT INFINITIVES (1 An infinitive is the tenseless form of a verb preceded by "to," such as "to dismiss" or "to modify." Splitting the infinitive is placing one or more words between "to" and the verb, such as "to summarily dismiss" or "to unwisely modify." For the infinitive to be truly split, the intervening word or LAWPROSETRAINING CLE SEMINARSFAQ ANSWERSCONSULTING BRIEFS & CONTRACTS Training CLE Seminars. Public Seminars. Calendar; Register; Brochures; In-House Seminars & Trainings. Advanced Legal Writing & Editing; Advanced Transactional Drafting; Drafting & TRAINING – LAWPROSEPUBLIC SEMINARSCALENDARFINANCIAL-AID INFORMATIONLAWPROSE PHILOSOPHYBROCHURESREGISTER Learn the basic principles of argumentation. Master the art of oral argument. Recognize and eliminate legalese. Master punctuation and grammar. Make your documents look professional. Become an expert editor and proofreader. Hone your brief–writing skills. Use legal reasoning to your advantage. Know what judges do and don't want. GARNER’S USAGE TIP OF THE DAY: EFFECT; AFFECT. effect; affect. “Effect” (= to bring about) is often misused for “affect” (= to influence, have an effect on). The blunder is widespread — e.g.: o “Opponents say it would effect only a small number of people — in New York an estimated 300 criminals a year — GARNER’S USAGE TIP OF THE DAY: LESS (1). Garner’s Usage Tip of the Day: less (1). less (1). Today: And “fewer.”. Strictly, “ less ” applies to singular mass nouns {less water} and “ fewer ” applies to plural count nouns {fewer interruptions}. An exception occurs when the plural count nouns aredivisible units of
GARNER’S USAGE TIP OF THE DAY: THAT (1). Garner’s Usage Tip of the Day: that (1). that (1). Today: And “which.”. You’ll encounter two schools of thought on this point. First are those who don’t care about any distinction between these words, who think that “which” is more formal than “that,” and who point to many historical examples of copious “whiches.”. LAWPROSE LESSON #224: RETHINKING THE DROPPING OF “JR In our LawProse Lesson of May 2013 ( #120 ), we cited six authorities published from 1937 to 2003 insisting that the “Jr.” be dropped upon the father’s death. Concededly, this position seems a little callous and arguably disrespectful. The trend today is for Juniors to LAWPROSE LESSON #246: LAST-ANTECEDENT CANON VS. SERIES LawProse Lesson #246: Last-Antecedent Canon vs. Series-Qualifier Canon. Textualism remains the primary interpretive method used by most American judges. On Tuesday of last week, the United States Supreme Court issued two of its most thoroughly textualist opinions ever: a majority opinion by Sotomayor J. and a dissent by Kagan J. Both aremarked
THE WINNING BRIEF
2 © 2010 LawProse, Inc. & Bryan A. Garner. 8. Use deep issues. 9. Use separate sentences for issues. 10. Keep issues to 75 words. 11. Write syllogistically. 12. Make GARNER’S USAGE TIP OF THE DAY: WHETHER (3). E.g.: o “Thompson . . . the narrow legal issue of whether fund-raising calls made by either Clinton or Gore violated a federal law barring solicitation on federal property.” “Fund-Raising Law Not Broken, Clinton Says,” Chicago Trib., 23 Sept. 1997, at 11. o “It also allowed trustees to avert the broaderissue of whether
INTERVIEWS – HON. ALEX KOZINSKI, U.S. CIRCUIT JUDGE Training CLE Seminars. Public Seminars. Calendar; Register; Brochures; In-House Seminars & Trainings. Advanced Legal Writing & Editing; Advanced Transactional Drafting; Drafting & LAWPROSETRAINING CLE SEMINARSFAQ ANSWERSCONSULTING BRIEFS & CONTRACTS Training CLE Seminars. Public Seminars. Calendar; Register; Brochures; In-House Seminars & Trainings. Advanced Legal Writing & Editing; Advanced Transactional Drafting; Drafting & TRAINING – LAWPROSEPUBLIC SEMINARSCALENDARFINANCIAL-AID INFORMATIONLAWPROSE PHILOSOPHYBROCHURESREGISTER Learn the basic principles of argumentation. Master the art of oral argument. Recognize and eliminate legalese. Master punctuation and grammar. Make your documents look professional. Become an expert editor and proofreader. Hone your brief–writing skills. Use legal reasoning to your advantage. Know what judges do and don't want. GARNER’S USAGE TIP OF THE DAY: EFFECT; AFFECT. effect; affect. “Effect” (= to bring about) is often misused for “affect” (= to influence, have an effect on). The blunder is widespread — e.g.: o “Opponents say it would effect only a small number of people — in New York an estimated 300 criminals a year — GARNER’S USAGE TIP OF THE DAY: LESS (1). Garner’s Usage Tip of the Day: less (1). less (1). Today: And “fewer.”. Strictly, “ less ” applies to singular mass nouns {less water} and “ fewer ” applies to plural count nouns {fewer interruptions}. An exception occurs when the plural count nouns aredivisible units of
GARNER’S USAGE TIP OF THE DAY: THAT (1). Garner’s Usage Tip of the Day: that (1). that (1). Today: And “which.”. You’ll encounter two schools of thought on this point. First are those who don’t care about any distinction between these words, who think that “which” is more formal than “that,” and who point to many historical examples of copious “whiches.”. LAWPROSE LESSON #224: RETHINKING THE DROPPING OF “JR In our LawProse Lesson of May 2013 ( #120 ), we cited six authorities published from 1937 to 2003 insisting that the “Jr.” be dropped upon the father’s death. Concededly, this position seems a little callous and arguably disrespectful. The trend today is for Juniors to LAWPROSE LESSON #246: LAST-ANTECEDENT CANON VS. SERIES LawProse Lesson #246: Last-Antecedent Canon vs. Series-Qualifier Canon. Textualism remains the primary interpretive method used by most American judges. On Tuesday of last week, the United States Supreme Court issued two of its most thoroughly textualist opinions ever: a majority opinion by Sotomayor J. and a dissent by Kagan J. Both aremarked
THE WINNING BRIEF
2 © 2010 LawProse, Inc. & Bryan A. Garner. 8. Use deep issues. 9. Use separate sentences for issues. 10. Keep issues to 75 words. 11. Write syllogistically. 12. Make GARNER’S USAGE TIP OF THE DAY: WHETHER (3). E.g.: o “Thompson . . . the narrow legal issue of whether fund-raising calls made by either Clinton or Gore violated a federal law barring solicitation on federal property.” “Fund-Raising Law Not Broken, Clinton Says,” Chicago Trib., 23 Sept. 1997, at 11. o “It also allowed trustees to avert the broaderissue of whether
INTERVIEWS – HON. ALEX KOZINSKI, U.S. CIRCUIT JUDGE Training CLE Seminars. Public Seminars. Calendar; Register; Brochures; In-House Seminars & Trainings. Advanced Legal Writing & Editing; Advanced Transactional Drafting; Drafting & ADVANCED LEGAL WRITING & EDITING Advanced Legal Writing & Editing. Our most popular seminar focuses on analytical and persuasive writing, with most examples coming from actual memos and briefs. The day concentrates on the five major skills that good legal writers must develop to: Frame issues that get the judge’s attention and state the case in 90 seconds. AN INTRODUCTION TO LEGAL EDITING There are so many ways to go about editing a legal document. At LawProse, we have a two-edit-per-page rule. That is, if you’re asked to edit a document, you must make at least two good edits per page. They can be micro edits or macro edits, but they must improve the document in some way. The goal is to achieve a 90% acceptance rate:Professor
LAWPROSE LESSON #226: “INCLUDING BUT NOT LIMITED TO In this contract, including means ‘including but not limited to.’”. That’s all you need. Just once. Then search for the word including throughout your long contract to ensure that you’ve met the other standards outlined in the preceding paragraph. Having taught contract-drafting for ADVANCED LEGAL WRITING & EDITING Seminar registration closes 7 business days before seminar date. Our most popular seminar focuses on analytical and persuasive writing. Professor Bryan A. Garner gives you LAWPROSE LESSON #224: RETHINKING THE DROPPING OF “JR In our LawProse Lesson of May 2013 ( #120 ), we cited six authorities published from 1937 to 2003 insisting that the “Jr.” be dropped upon the father’s death. Concededly, this position seems a little callous and arguably disrespectful. The trend today is for Juniors to LAWPROSE LESSON #203: “LIE LOW” OR “LAY LOW”? Use lie low in the present tense; lay low in the past tense. Ex.: The celebrity is lying low for a few weeks to avoid news reporters. Ex.: Last month, that same celebrity lay low to avoid the paparazzi. Ex.: He has lain low for almost a year. The base verb used here, of course, is lie, conjugated lie – lay – lain, not the transitive lay as LAWPROSE LESSON #125: “ONE OF THOSE WHO ARE” OR “ONE OF The lesson here: Don’t be one of those people who mistakenly believe that the word believe earlier in this sentence should have been believes. Sources: Garner’s Modern American Usage 591-92 (3d ed. 2009). Garner’s Dictionary of Legal Usage 634 (3d ed. 2011). The A WELL-CRAFTED LETTER STILL GETS THE JOB DONE A Well-Crafted Letter Still Gets the Job Done. Business letters aren’t a quaint thing of the past. Write them well, and you’ll create a lot of goodwill with clients, partners, and vendors. You’ll increase your profits, too — by getting key customers to renew large orders, for example, or persuading service providers to charge youless
GARNER’S USAGE TIP OF THE DAY: SPLIT INFINITIVES (1 An infinitive is the tenseless form of a verb preceded by "to," such as "to dismiss" or "to modify." Splitting the infinitive is placing one or more words between "to" and the verb, such as "to summarily dismiss" or "to unwisely modify." For the infinitive to be truly split, the intervening word or INTERVIEWS – HON. ALEX KOZINSKI, U.S. CIRCUIT JUDGE Training CLE Seminars. Public Seminars. Calendar; Register; Brochures; In-House Seminars & Trainings. Advanced Legal Writing & Editing; Advanced Transactional Drafting; Drafting & LAWPROSETRAINING CLE SEMINARSFAQ ANSWERSCONSULTING BRIEFS & CONTRACTS Training CLE Seminars. Public Seminars. Calendar; Register; Brochures; In-House Seminars & Trainings. Advanced Legal Writing & Editing; Advanced Transactional Drafting; Drafting & TRAINING – LAWPROSEPUBLIC SEMINARSCALENDARFINANCIAL-AID INFORMATIONLAWPROSE PHILOSOPHYBROCHURESREGISTER Learn the basic principles of argumentation. Master the art of oral argument. Recognize and eliminate legalese. Master punctuation and grammar. Make your documents look professional. Become an expert editor and proofreader. Hone your brief–writing skills. Use legal reasoning to your advantage. Know what judges do and don't want. BETTER BRIEF–WRITING Better Brief–Writing. Download a PDF description. Who is an additional viewer? In three hour-long sessions, Professor Bryan A. Garner, the nation’s foremost expert on writing winning briefs, teaches you how to connect with—and persuade—your judicial readers. You’ll learn: The mindset of the truly persuasive writer—and why so few LAWPROSE LESSON #226: “INCLUDING BUT NOT LIMITED TO In this contract, including means ‘including but not limited to.’”. That’s all you need. Just once. Then search for the word including throughout your long contract to ensure that you’ve met the other standards outlined in the preceding paragraph. Having taught contract-drafting for LAWPROSE LESSON #234: STRICKEN FROM THE RECORD OR STRUCK A Westlaw search in the “allcases” database shows that stricken from the record has predominated in the last ten years by a 7-to-1 ratio. Given stricken ‘s frequency of use in legal writing, some lawyers may conclude that they should continue to use the term. Others will prefer to stick with struck —the more correct past participle. LAWPROSE LESSON #131: WHEN SHOULD YOU CAPITALIZE “COURT Capitalize court in legal documents in only four situations: 1. When you’re referring to the United States Supreme Court {the Court’s opinion in Marbury v. Madison }. 2. When you’re stating a court’s full name {the Court of Appeals for the Fifth Circuit} {the Michigan Supreme Court}. 3. When you’re referring to the court you’re LAWPROSE LESSON #125: “ONE OF THOSE WHO ARE” OR “ONE OF The lesson here: Don’t be one of those people who mistakenly believe that the word believe earlier in this sentence should have been believes. Sources: Garner’s Modern American Usage 591-92 (3d ed. 2009). Garner’s Dictionary of Legal Usage 634 (3d ed. 2011). The LAWPROSE LESSON #217: WHEN DO YOU CAPITALIZE “FEDERAL” AND Don’t capitalize state when using it as a common noun {She visited the New England states last month.} {The travel guide lists the most secluded beaches in the state of California.}. But do capitalize state if it is (1) part of a proper name {I live in Washington State (as opposed to Washington, D.C.).} {Sick of the hot Texas summers, Susan LAWPROSE LESSON #246: LAST-ANTECEDENT CANON VS. SERIES LawProse Lesson #246: Last-Antecedent Canon vs. Series-Qualifier Canon. Textualism remains the primary interpretive method used by most American judges. On Tuesday of last week, the United States Supreme Court issued two of its most thoroughly textualist opinions ever: a majority opinion by Sotomayor J. and a dissent by Kagan J. Both aremarked
LAWPROSE LESSON #133: SHOULD YOU WRITE “PLAINTIFF,” “THE Lawyers have essentially co-opted party designations as faux proper names. There’s a respectable dissentient view that this convention should be changed, but it’s firmly established. In any event, never use all-caps for party designations. When you’re discussing a legal precedent, use the and don’t capitalize plaintiff, defendant, etc. LAWPROSETRAINING CLE SEMINARSFAQ ANSWERSCONSULTING BRIEFS & CONTRACTS Training CLE Seminars. Public Seminars. Calendar; Register; Brochures; In-House Seminars & Trainings. Advanced Legal Writing & Editing; Advanced Transactional Drafting; Drafting & TRAINING – LAWPROSEPUBLIC SEMINARSCALENDARFINANCIAL-AID INFORMATIONLAWPROSE PHILOSOPHYBROCHURESREGISTER Learn the basic principles of argumentation. Master the art of oral argument. Recognize and eliminate legalese. Master punctuation and grammar. Make your documents look professional. Become an expert editor and proofreader. Hone your brief–writing skills. Use legal reasoning to your advantage. Know what judges do and don't want. BETTER BRIEF–WRITING Better Brief–Writing. Download a PDF description. Who is an additional viewer? In three hour-long sessions, Professor Bryan A. Garner, the nation’s foremost expert on writing winning briefs, teaches you how to connect with—and persuade—your judicial readers. You’ll learn: The mindset of the truly persuasive writer—and why so few LAWPROSE LESSON #226: “INCLUDING BUT NOT LIMITED TO In this contract, including means ‘including but not limited to.’”. That’s all you need. Just once. Then search for the word including throughout your long contract to ensure that you’ve met the other standards outlined in the preceding paragraph. Having taught contract-drafting for LAWPROSE LESSON #234: STRICKEN FROM THE RECORD OR STRUCK A Westlaw search in the “allcases” database shows that stricken from the record has predominated in the last ten years by a 7-to-1 ratio. Given stricken ‘s frequency of use in legal writing, some lawyers may conclude that they should continue to use the term. Others will prefer to stick with struck —the more correct past participle. LAWPROSE LESSON #131: WHEN SHOULD YOU CAPITALIZE “COURT Capitalize court in legal documents in only four situations: 1. When you’re referring to the United States Supreme Court {the Court’s opinion in Marbury v. Madison }. 2. When you’re stating a court’s full name {the Court of Appeals for the Fifth Circuit} {the Michigan Supreme Court}. 3. When you’re referring to the court you’re LAWPROSE LESSON #125: “ONE OF THOSE WHO ARE” OR “ONE OF The lesson here: Don’t be one of those people who mistakenly believe that the word believe earlier in this sentence should have been believes. Sources: Garner’s Modern American Usage 591-92 (3d ed. 2009). Garner’s Dictionary of Legal Usage 634 (3d ed. 2011). The LAWPROSE LESSON #217: WHEN DO YOU CAPITALIZE “FEDERAL” AND Don’t capitalize state when using it as a common noun {She visited the New England states last month.} {The travel guide lists the most secluded beaches in the state of California.}. But do capitalize state if it is (1) part of a proper name {I live in Washington State (as opposed to Washington, D.C.).} {Sick of the hot Texas summers, Susan LAWPROSE LESSON #246: LAST-ANTECEDENT CANON VS. SERIES LawProse Lesson #246: Last-Antecedent Canon vs. Series-Qualifier Canon. Textualism remains the primary interpretive method used by most American judges. On Tuesday of last week, the United States Supreme Court issued two of its most thoroughly textualist opinions ever: a majority opinion by Sotomayor J. and a dissent by Kagan J. Both aremarked
LAWPROSE LESSON #133: SHOULD YOU WRITE “PLAINTIFF,” “THE Lawyers have essentially co-opted party designations as faux proper names. There’s a respectable dissentient view that this convention should be changed, but it’s firmly established. In any event, never use all-caps for party designations. When you’re discussing a legal precedent, use the and don’t capitalize plaintiff, defendant, etc. LAWPROSE LESSON #125: “ONE OF THOSE WHO ARE” OR “ONE OF The lesson here: Don’t be one of those people who mistakenly believe that the word believe earlier in this sentence should have been believes. Sources: Garner’s Modern American Usage 591-92 (3d ed. 2009). Garner’s Dictionary of Legal Usage 634 (3d ed. 2011). The AN INTRODUCTION TO LEGAL EDITING There are so many ways to go about editing a legal document. At LawProse, we have a two-edit-per-page rule. That is, if you’re asked to edit a document, you must make at least two good edits per page. They can be micro edits or macro edits, but they must improve the document in some way. The goal is to achieve a 90% acceptance rate:Professor
LAWPROSE LESSON #213: CASELAW: ONE WORD OR TWO? Caselaw: one word or two?. Two-syllable noun phrases often begin as separates, then become hyphenated, and then become solidified. Take, for example, the word today.It started as two words {to day}.In the 19th century it was commonly hyphenated {to-day}.The Century Dictionary (1895) listed to-day as the preferred form with today as a variant.In 1934 the venerable Webster’s New International LAWPROSE LESSON #149: “FURTHER AFFIANT SAYETH NAUGHT LawProse Lesson #149: “Further affiant sayeth naught”. Further affiant sayeth naught. Many affidavits close with this classic legalese or some variation of it. Other than the obvious questions (“What does it mean?” and “Is it necessary?”), this phrase gives rise to two stylistic dilemmas. LAWPROSE LESSON #215: HOW DO YOU DECIDE WHICH LATIN The answer depends on how thoroughly naturalized the word, abbreviation, or phrase has become in English. If the term has become so commonplace in English that it is said to be “anglicized,” it stays in roman type; if it’s persistently considered a foreignism, it should be in italics. If that sounds like a fuzzy “rule,”you’re right.
GARNER’S USAGE TIP OF THE DAY: THAT (1). Garner’s Usage Tip of the Day: that (1). that (1). Today: And “which.”. You’ll encounter two schools of thought on this point. First are those who don’t care about any distinction between these words, who think that “which” is more formal than “that,” and who point to many historical examples of copious “whiches.”. GARNER’S USAGE TIP OF THE DAY: SPLIT INFINITIVES (1 Split Infinitives (1). Today: Generally. H.W. Fowler divided the English-speaking world into five classes: (1) those who neither know nor care what a split infinitive is; (2) those who do not know, but care very much; (3) those who know and condemn; (4) those who know and approve; and (5) those who know and distinguish (Modern English Usage 1st ed. at 558). It is this last class to which, if LAWPROSE LESSON #183: WHAT’S WRONG WITH INITIAL-CAPS POINT Good point headings typically run 15 to 35 words: they’re meaty, single-spaced propositions (unless benighted court rules require otherwise). They’re meant to be read. And they are read if you do them the right way. Do it the ham-fisted way with all those caps, and your readers will probably skip over what you’re trying to make sinkin.
THE WINNING BRIEF
2 © 2010 LawProse, Inc. & Bryan A. Garner. 8. Use deep issues. 9. Use separate sentences for issues. 10. Keep issues to 75 words. 11. Write syllogistically. 12. Make THE REDBOOK: A MANUAL ON LEGAL STYLE, 4TH EDITION, 2018 The book is a one-of-a-kind resource—the legal writer’s equivalent of The AP Stylebook or The Chicago Manual of Style. The brand-new fourth edition has lots of new material, including an especially helpful new chapter on handling quotations. The two exhaustive indexes (word and subject), plus the detailed table of contents, make it easyto
LAWPROSETRAINING CLE SEMINARSFAQ ANSWERSCONSULTING BRIEFS & CONTRACTS Training CLE Seminars. Public Seminars. Calendar; Register; Brochures; In-House Seminars & Trainings. Advanced Legal Writing & Editing; Advanced Transactional Drafting; Drafting & TRAINING – LAWPROSEPUBLIC SEMINARSCALENDARFINANCIAL-AID INFORMATIONLAWPROSE PHILOSOPHYBROCHURESREGISTER Learn the basic principles of argumentation. Master the art of oral argument. Recognize and eliminate legalese. Master punctuation and grammar. Make your documents look professional. Become an expert editor and proofreader. Hone your brief–writing skills. Use legal reasoning to your advantage. Know what judges do and don't want. LAWPROSE LESSON #133: SHOULD YOU WRITE “PLAINTIFF,” “THE Lawyers have essentially co-opted party designations as faux proper names. There’s a respectable dissentient view that this convention should be changed, but it’s firmly established. In any event, never use all-caps for party designations. When you’re discussing a legal precedent, use the and don’t capitalize plaintiff, defendant, etc. LAWPROSE LESSON #226: “INCLUDING BUT NOT LIMITED TO In this contract, including means ‘including but not limited to.’”. That’s all you need. Just once. Then search for the word including throughout your long contract to ensure that you’ve met the other standards outlined in the preceding paragraph. Having taught contract-drafting for LAWPROSE LESSON #131: WHEN SHOULD YOU CAPITALIZE “COURT Capitalize court in legal documents in only four situations: 1. When you’re referring to the United States Supreme Court {the Court’s opinion in Marbury v. Madison }. 2. When you’re stating a court’s full name {the Court of Appeals for the Fifth Circuit} {the Michigan Supreme Court}. 3. When you’re referring to the court you’re LAWPROSE LESSON #224: RETHINKING THE DROPPING OF “JR In our LawProse Lesson of May 2013 ( #120 ), we cited six authorities published from 1937 to 2003 insisting that the “Jr.” be dropped upon the father’s death. Concededly, this position seems a little callous and arguably disrespectful. The trend today is for Juniors to GARNER’S USAGE TIP OF THE DAY: LESS (1). Garner’s Usage Tip of the Day: less (1). less (1). Today: And “fewer.”. Strictly, “ less ” applies to singular mass nouns {less water} and “ fewer ” applies to plural count nouns {fewer interruptions}. An exception occurs when the plural count nouns aredivisible units of
GARNER’S USAGE TIP OF THE DAY: WHETHER (3). E.g.: o “Thompson . . . the narrow legal issue of whether fund-raising calls made by either Clinton or Gore violated a federal law barring solicitation on federal property.” “Fund-Raising Law Not Broken, Clinton Says,” Chicago Trib., 23 Sept. 1997, at 11. o “It also allowed trustees to avert the broaderissue of whether
LAWPROSE LESSON #203: “LIE LOW” OR “LAY LOW”? Use lie low in the present tense; lay low in the past tense. Ex.: The celebrity is lying low for a few weeks to avoid news reporters. Ex.: Last month, that same celebrity lay low to avoid the paparazzi. Ex.: He has lain low for almost a year. The base verb used here, of course, is lie, conjugated lie – lay – lain, not the transitive lay asTHE WINNING BRIEF
2 © 2010 LawProse, Inc. & Bryan A. Garner. 8. Use deep issues. 9. Use separate sentences for issues. 10. Keep issues to 75 words. 11. Write syllogistically. 12. Make LAWPROSETRAINING CLE SEMINARSFAQ ANSWERSCONSULTING BRIEFS & CONTRACTS Training CLE Seminars. Public Seminars. Calendar; Register; Brochures; In-House Seminars & Trainings. Advanced Legal Writing & Editing; Advanced Transactional Drafting; Drafting & TRAINING – LAWPROSEPUBLIC SEMINARSCALENDARFINANCIAL-AID INFORMATIONLAWPROSE PHILOSOPHYBROCHURESREGISTER Learn the basic principles of argumentation. Master the art of oral argument. Recognize and eliminate legalese. Master punctuation and grammar. Make your documents look professional. Become an expert editor and proofreader. Hone your brief–writing skills. Use legal reasoning to your advantage. Know what judges do and don't want. LAWPROSE LESSON #133: SHOULD YOU WRITE “PLAINTIFF,” “THE Lawyers have essentially co-opted party designations as faux proper names. There’s a respectable dissentient view that this convention should be changed, but it’s firmly established. In any event, never use all-caps for party designations. When you’re discussing a legal precedent, use the and don’t capitalize plaintiff, defendant, etc. LAWPROSE LESSON #226: “INCLUDING BUT NOT LIMITED TO In this contract, including means ‘including but not limited to.’”. That’s all you need. Just once. Then search for the word including throughout your long contract to ensure that you’ve met the other standards outlined in the preceding paragraph. Having taught contract-drafting for LAWPROSE LESSON #131: WHEN SHOULD YOU CAPITALIZE “COURT Capitalize court in legal documents in only four situations: 1. When you’re referring to the United States Supreme Court {the Court’s opinion in Marbury v. Madison }. 2. When you’re stating a court’s full name {the Court of Appeals for the Fifth Circuit} {the Michigan Supreme Court}. 3. When you’re referring to the court you’re LAWPROSE LESSON #224: RETHINKING THE DROPPING OF “JR In our LawProse Lesson of May 2013 ( #120 ), we cited six authorities published from 1937 to 2003 insisting that the “Jr.” be dropped upon the father’s death. Concededly, this position seems a little callous and arguably disrespectful. The trend today is for Juniors to GARNER’S USAGE TIP OF THE DAY: LESS (1). Garner’s Usage Tip of the Day: less (1). less (1). Today: And “fewer.”. Strictly, “ less ” applies to singular mass nouns {less water} and “ fewer ” applies to plural count nouns {fewer interruptions}. An exception occurs when the plural count nouns aredivisible units of
GARNER’S USAGE TIP OF THE DAY: WHETHER (3). E.g.: o “Thompson . . . the narrow legal issue of whether fund-raising calls made by either Clinton or Gore violated a federal law barring solicitation on federal property.” “Fund-Raising Law Not Broken, Clinton Says,” Chicago Trib., 23 Sept. 1997, at 11. o “It also allowed trustees to avert the broaderissue of whether
LAWPROSE LESSON #203: “LIE LOW” OR “LAY LOW”? Use lie low in the present tense; lay low in the past tense. Ex.: The celebrity is lying low for a few weeks to avoid news reporters. Ex.: Last month, that same celebrity lay low to avoid the paparazzi. Ex.: He has lain low for almost a year. The base verb used here, of course, is lie, conjugated lie – lay – lain, not the transitive lay asTHE WINNING BRIEF
2 © 2010 LawProse, Inc. & Bryan A. Garner. 8. Use deep issues. 9. Use separate sentences for issues. 10. Keep issues to 75 words. 11. Write syllogistically. 12. Make LAWPROSE LESSON #125: “ONE OF THOSE WHO ARE” OR “ONE OF The lesson here: Don’t be one of those people who mistakenly believe that the word believe earlier in this sentence should have been believes. Sources: Garner’s Modern American Usage 591-92 (3d ed. 2009). Garner’s Dictionary of Legal Usage 634 (3d ed. 2011). The LAWPROSE LESSON #131: WHEN SHOULD YOU CAPITALIZE “COURT When should you capitalize court? Capitalize court in legal documents in only four situations:. 1. When you’re referring to the United States Supreme Court {the Court’s opinion in Marbury v.Madison}.. 2. When you’re stating a court’s full name {the Court of Appeals for the Fifth Circuit} {the Michigan Supreme Court}. GARNER’S USAGE TIP OF THE DAY: SPLIT INFINITIVES (1 Split Infinitives (1). Today: Generally. H.W. Fowler divided the English-speaking world into five classes: (1) those who neither know nor care what a split infinitive is; (2) those who do not know, but care very much; (3) those who know and condemn; (4) those who know and approve; and (5) those who know and distinguish (Modern English Usage 1st ed. at 558). It is this last class to which, if LAWPROSE LESSON #213: CASELAW: ONE WORD OR TWO? Caselaw: one word or two?. Two-syllable noun phrases often begin as separates, then become hyphenated, and then become solidified. Take, for example, the word today.It started as two words {to day}.In the 19th century it was commonly hyphenated {to-day}.The Century Dictionary (1895) listed to-day as the preferred form with today as a variant.In 1934 the venerable Webster’s New International LAWPROSE LESSON #234: STRICKEN FROM THE RECORD OR STRUCK A Westlaw search in the “allcases” database shows that stricken from the record has predominated in the last ten years by a 7-to-1 ratio. Given stricken ‘s frequency of use in legal writing, some lawyers may conclude that they should continue to use the term. Others will prefer to stick with struck —the more correct past participle.BOOKS – LAWPROSE
The Winning Oral Argument: Enduring Principles with Supporting Comments from the Literature, 2d edition, 2009. LAWPROSE LESSON #149: “FURTHER AFFIANT SAYETH NAUGHT LawProse Lesson #149: “Further affiant sayeth naught”. Further affiant sayeth naught. Many affidavits close with this classic legalese or some variation of it. Other than the obvious questions (“What does it mean?” and “Is it necessary?”), this phrase gives rise to two stylistic dilemmas. LAWPROSE LESSON #215: HOW DO YOU DECIDE WHICH LATIN The answer depends on how thoroughly naturalized the word, abbreviation, or phrase has become in English. If the term has become so commonplace in English that it is said to be “anglicized,” it stays in roman type; if it’s persistently considered a foreignism, it should be in italics. If that sounds like a fuzzy “rule,”you’re right.
LAWPROSE LESSON #217: WHEN DO YOU CAPITALIZE “FEDERAL” AND Don’t capitalize state when using it as a common noun {She visited the New England states last month.} {The travel guide lists the most secluded beaches in the state of California.}. But do capitalize state if it is (1) part of a proper name {I live in Washington State (as opposed to Washington, D.C.).} {Sick of the hot Texas summers, Susan GARNER’S USAGE TIP OF THE DAY: EFFECT; AFFECT. effect; affect. “Effect” (= to bring about) is often misused for “affect” (= to influence, have an effect on). The blunder is widespread — e.g.: o “Opponents say it would effect only a small number of people — in New York an estimated 300 criminals a year — LAWPROSETRAINING CLE SEMINARSFAQ ANSWERSCONSULTING BRIEFS & CONTRACTS Training CLE Seminars. Public Seminars. Calendar; Register; Brochures; In-House Seminars & Trainings. Advanced Legal Writing & Editing; Advanced Transactional Drafting; Drafting & TRAINING – LAWPROSEPUBLIC SEMINARSCALENDARFINANCIAL-AID INFORMATIONLAWPROSE PHILOSOPHYBROCHURESREGISTER Learn the basic principles of argumentation. Master the art of oral argument. Recognize and eliminate legalese. Master punctuation and grammar. Make your documents look professional. Become an expert editor and proofreader. Hone your brief–writing skills. Use legal reasoning to your advantage. Know what judges do and don't want. LAWPROSE LESSON #133: SHOULD YOU WRITE “PLAINTIFF,” “THE Lawyers have essentially co-opted party designations as faux proper names. There’s a respectable dissentient view that this convention should be changed, but it’s firmly established. In any event, never use all-caps for party designations. When you’re discussing a legal precedent, use the and don’t capitalize plaintiff, defendant, etc. LAWPROSE LESSON #226: “INCLUDING BUT NOT LIMITED TO In this contract, including means ‘including but not limited to.’”. That’s all you need. Just once. Then search for the word including throughout your long contract to ensure that you’ve met the other standards outlined in the preceding paragraph. Having taught contract-drafting for LAWPROSE LESSON #131: WHEN SHOULD YOU CAPITALIZE “COURT Capitalize court in legal documents in only four situations: 1. When you’re referring to the United States Supreme Court {the Court’s opinion in Marbury v. Madison }. 2. When you’re stating a court’s full name {the Court of Appeals for the Fifth Circuit} {the Michigan Supreme Court}. 3. When you’re referring to the court you’re LAWPROSE LESSON #224: RETHINKING THE DROPPING OF “JR In our LawProse Lesson of May 2013 ( #120 ), we cited six authorities published from 1937 to 2003 insisting that the “Jr.” be dropped upon the father’s death. Concededly, this position seems a little callous and arguably disrespectful. The trend today is for Juniors to GARNER’S USAGE TIP OF THE DAY: LESS (1). Garner’s Usage Tip of the Day: less (1). less (1). Today: And “fewer.”. Strictly, “ less ” applies to singular mass nouns {less water} and “ fewer ” applies to plural count nouns {fewer interruptions}. An exception occurs when the plural count nouns aredivisible units of
GARNER’S USAGE TIP OF THE DAY: WHETHER (3). E.g.: o “Thompson . . . the narrow legal issue of whether fund-raising calls made by either Clinton or Gore violated a federal law barring solicitation on federal property.” “Fund-Raising Law Not Broken, Clinton Says,” Chicago Trib., 23 Sept. 1997, at 11. o “It also allowed trustees to avert the broaderissue of whether
LAWPROSE LESSON #203: “LIE LOW” OR “LAY LOW”? Use lie low in the present tense; lay low in the past tense. Ex.: The celebrity is lying low for a few weeks to avoid news reporters. Ex.: Last month, that same celebrity lay low to avoid the paparazzi. Ex.: He has lain low for almost a year. The base verb used here, of course, is lie, conjugated lie – lay – lain, not the transitive lay asTHE WINNING BRIEF
2 © 2010 LawProse, Inc. & Bryan A. Garner. 8. Use deep issues. 9. Use separate sentences for issues. 10. Keep issues to 75 words. 11. Write syllogistically. 12. Make LAWPROSETRAINING CLE SEMINARSFAQ ANSWERSCONSULTING BRIEFS & CONTRACTS Training CLE Seminars. Public Seminars. Calendar; Register; Brochures; In-House Seminars & Trainings. Advanced Legal Writing & Editing; Advanced Transactional Drafting; Drafting & TRAINING – LAWPROSEPUBLIC SEMINARSCALENDARFINANCIAL-AID INFORMATIONLAWPROSE PHILOSOPHYBROCHURESREGISTER Learn the basic principles of argumentation. Master the art of oral argument. Recognize and eliminate legalese. Master punctuation and grammar. Make your documents look professional. Become an expert editor and proofreader. Hone your brief–writing skills. Use legal reasoning to your advantage. Know what judges do and don't want. LAWPROSE LESSON #133: SHOULD YOU WRITE “PLAINTIFF,” “THE Lawyers have essentially co-opted party designations as faux proper names. There’s a respectable dissentient view that this convention should be changed, but it’s firmly established. In any event, never use all-caps for party designations. When you’re discussing a legal precedent, use the and don’t capitalize plaintiff, defendant, etc. LAWPROSE LESSON #226: “INCLUDING BUT NOT LIMITED TO In this contract, including means ‘including but not limited to.’”. That’s all you need. Just once. Then search for the word including throughout your long contract to ensure that you’ve met the other standards outlined in the preceding paragraph. Having taught contract-drafting for LAWPROSE LESSON #131: WHEN SHOULD YOU CAPITALIZE “COURT Capitalize court in legal documents in only four situations: 1. When you’re referring to the United States Supreme Court {the Court’s opinion in Marbury v. Madison }. 2. When you’re stating a court’s full name {the Court of Appeals for the Fifth Circuit} {the Michigan Supreme Court}. 3. When you’re referring to the court you’re LAWPROSE LESSON #224: RETHINKING THE DROPPING OF “JR In our LawProse Lesson of May 2013 ( #120 ), we cited six authorities published from 1937 to 2003 insisting that the “Jr.” be dropped upon the father’s death. Concededly, this position seems a little callous and arguably disrespectful. The trend today is for Juniors to GARNER’S USAGE TIP OF THE DAY: LESS (1). Garner’s Usage Tip of the Day: less (1). less (1). Today: And “fewer.”. Strictly, “ less ” applies to singular mass nouns {less water} and “ fewer ” applies to plural count nouns {fewer interruptions}. An exception occurs when the plural count nouns aredivisible units of
GARNER’S USAGE TIP OF THE DAY: WHETHER (3). E.g.: o “Thompson . . . the narrow legal issue of whether fund-raising calls made by either Clinton or Gore violated a federal law barring solicitation on federal property.” “Fund-Raising Law Not Broken, Clinton Says,” Chicago Trib., 23 Sept. 1997, at 11. o “It also allowed trustees to avert the broaderissue of whether
LAWPROSE LESSON #203: “LIE LOW” OR “LAY LOW”? Use lie low in the present tense; lay low in the past tense. Ex.: The celebrity is lying low for a few weeks to avoid news reporters. Ex.: Last month, that same celebrity lay low to avoid the paparazzi. Ex.: He has lain low for almost a year. The base verb used here, of course, is lie, conjugated lie – lay – lain, not the transitive lay asTHE WINNING BRIEF
2 © 2010 LawProse, Inc. & Bryan A. Garner. 8. Use deep issues. 9. Use separate sentences for issues. 10. Keep issues to 75 words. 11. Write syllogistically. 12. Make LAWPROSE LESSON #125: “ONE OF THOSE WHO ARE” OR “ONE OF The lesson here: Don’t be one of those people who mistakenly believe that the word believe earlier in this sentence should have been believes. Sources: Garner’s Modern American Usage 591-92 (3d ed. 2009). Garner’s Dictionary of Legal Usage 634 (3d ed. 2011). The LAWPROSE LESSON #131: WHEN SHOULD YOU CAPITALIZE “COURT When should you capitalize court? Capitalize court in legal documents in only four situations:. 1. When you’re referring to the United States Supreme Court {the Court’s opinion in Marbury v.Madison}.. 2. When you’re stating a court’s full name {the Court of Appeals for the Fifth Circuit} {the Michigan Supreme Court}. GARNER’S USAGE TIP OF THE DAY: SPLIT INFINITIVES (1 Split Infinitives (1). Today: Generally. H.W. Fowler divided the English-speaking world into five classes: (1) those who neither know nor care what a split infinitive is; (2) those who do not know, but care very much; (3) those who know and condemn; (4) those who know and approve; and (5) those who know and distinguish (Modern English Usage 1st ed. at 558). It is this last class to which, if LAWPROSE LESSON #213: CASELAW: ONE WORD OR TWO? Caselaw: one word or two?. Two-syllable noun phrases often begin as separates, then become hyphenated, and then become solidified. Take, for example, the word today.It started as two words {to day}.In the 19th century it was commonly hyphenated {to-day}.The Century Dictionary (1895) listed to-day as the preferred form with today as a variant.In 1934 the venerable Webster’s New International LAWPROSE LESSON #234: STRICKEN FROM THE RECORD OR STRUCK A Westlaw search in the “allcases” database shows that stricken from the record has predominated in the last ten years by a 7-to-1 ratio. Given stricken ‘s frequency of use in legal writing, some lawyers may conclude that they should continue to use the term. Others will prefer to stick with struck —the more correct past participle.BOOKS – LAWPROSE
The Winning Oral Argument: Enduring Principles with Supporting Comments from the Literature, 2d edition, 2009. LAWPROSE LESSON #149: “FURTHER AFFIANT SAYETH NAUGHT LawProse Lesson #149: “Further affiant sayeth naught”. Further affiant sayeth naught. Many affidavits close with this classic legalese or some variation of it. Other than the obvious questions (“What does it mean?” and “Is it necessary?”), this phrase gives rise to two stylistic dilemmas. LAWPROSE LESSON #215: HOW DO YOU DECIDE WHICH LATIN The answer depends on how thoroughly naturalized the word, abbreviation, or phrase has become in English. If the term has become so commonplace in English that it is said to be “anglicized,” it stays in roman type; if it’s persistently considered a foreignism, it should be in italics. If that sounds like a fuzzy “rule,”you’re right.
LAWPROSE LESSON #217: WHEN DO YOU CAPITALIZE “FEDERAL” AND Don’t capitalize state when using it as a common noun {She visited the New England states last month.} {The travel guide lists the most secluded beaches in the state of California.}. But do capitalize state if it is (1) part of a proper name {I live in Washington State (as opposed to Washington, D.C.).} {Sick of the hot Texas summers, Susan GARNER’S USAGE TIP OF THE DAY: EFFECT; AFFECT. effect; affect. “Effect” (= to bring about) is often misused for “affect” (= to influence, have an effect on). The blunder is widespread — e.g.: o “Opponents say it would effect only a small number of people — in New York an estimated 300 criminals a year — LAWPROSETRAINING CLE SEMINARSFAQ ANSWERSCONSULTING BRIEFS & CONTRACTS Training CLE Seminars. Public Seminars. Calendar; Register; Brochures; In-House Seminars & Trainings. Advanced Legal Writing & Editing; Advanced Transactional Drafting; Drafting & TRAINING – LAWPROSEPUBLIC SEMINARSCALENDARFINANCIAL-AID INFORMATIONLAWPROSE PHILOSOPHYBROCHURESREGISTER Learn the basic principles of argumentation. Master the art of oral argument. Recognize and eliminate legalese. Master punctuation and grammar. Make your documents look professional. Become an expert editor and proofreader. Hone your brief–writing skills. Use legal reasoning to your advantage. Know what judges do and don't want. LAWPROSE LESSON #133: SHOULD YOU WRITE “PLAINTIFF,” “THE Lawyers have essentially co-opted party designations as faux proper names. There’s a respectable dissentient view that this convention should be changed, but it’s firmly established. In any event, never use all-caps for party designations. When you’re discussing a legal precedent, use the and don’t capitalize plaintiff, defendant, etc. LAWPROSE LESSON #226: “INCLUDING BUT NOT LIMITED TO In this contract, including means ‘including but not limited to.’”. That’s all you need. Just once. Then search for the word including throughout your long contract to ensure that you’ve met the other standards outlined in the preceding paragraph. Having taught contract-drafting for LAWPROSE LESSON #131: WHEN SHOULD YOU CAPITALIZE “COURT Capitalize court in legal documents in only four situations: 1. When you’re referring to the United States Supreme Court {the Court’s opinion in Marbury v. Madison }. 2. When you’re stating a court’s full name {the Court of Appeals for the Fifth Circuit} {the Michigan Supreme Court}. 3. When you’re referring to the court you’re LAWPROSE LESSON #224: RETHINKING THE DROPPING OF “JR In our LawProse Lesson of May 2013 ( #120 ), we cited six authorities published from 1937 to 2003 insisting that the “Jr.” be dropped upon the father’s death. Concededly, this position seems a little callous and arguably disrespectful. The trend today is for Juniors to GARNER’S USAGE TIP OF THE DAY: LESS (1). Garner’s Usage Tip of the Day: less (1). less (1). Today: And “fewer.”. Strictly, “ less ” applies to singular mass nouns {less water} and “ fewer ” applies to plural count nouns {fewer interruptions}. An exception occurs when the plural count nouns aredivisible units of
GARNER’S USAGE TIP OF THE DAY: WHETHER (3). E.g.: o “Thompson . . . the narrow legal issue of whether fund-raising calls made by either Clinton or Gore violated a federal law barring solicitation on federal property.” “Fund-Raising Law Not Broken, Clinton Says,” Chicago Trib., 23 Sept. 1997, at 11. o “It also allowed trustees to avert the broaderissue of whether
LAWPROSE LESSON #203: “LIE LOW” OR “LAY LOW”? Use lie low in the present tense; lay low in the past tense. Ex.: The celebrity is lying low for a few weeks to avoid news reporters. Ex.: Last month, that same celebrity lay low to avoid the paparazzi. Ex.: He has lain low for almost a year. The base verb used here, of course, is lie, conjugated lie – lay – lain, not the transitive lay asTHE WINNING BRIEF
2 © 2010 LawProse, Inc. & Bryan A. Garner. 8. Use deep issues. 9. Use separate sentences for issues. 10. Keep issues to 75 words. 11. Write syllogistically. 12. Make LAWPROSETRAINING CLE SEMINARSFAQ ANSWERSCONSULTING BRIEFS & CONTRACTS Training CLE Seminars. Public Seminars. Calendar; Register; Brochures; In-House Seminars & Trainings. Advanced Legal Writing & Editing; Advanced Transactional Drafting; Drafting & TRAINING – LAWPROSEPUBLIC SEMINARSCALENDARFINANCIAL-AID INFORMATIONLAWPROSE PHILOSOPHYBROCHURESREGISTER Learn the basic principles of argumentation. Master the art of oral argument. Recognize and eliminate legalese. Master punctuation and grammar. Make your documents look professional. Become an expert editor and proofreader. Hone your brief–writing skills. Use legal reasoning to your advantage. Know what judges do and don't want. LAWPROSE LESSON #133: SHOULD YOU WRITE “PLAINTIFF,” “THE Lawyers have essentially co-opted party designations as faux proper names. There’s a respectable dissentient view that this convention should be changed, but it’s firmly established. In any event, never use all-caps for party designations. When you’re discussing a legal precedent, use the and don’t capitalize plaintiff, defendant, etc. LAWPROSE LESSON #226: “INCLUDING BUT NOT LIMITED TO In this contract, including means ‘including but not limited to.’”. That’s all you need. Just once. Then search for the word including throughout your long contract to ensure that you’ve met the other standards outlined in the preceding paragraph. Having taught contract-drafting for LAWPROSE LESSON #131: WHEN SHOULD YOU CAPITALIZE “COURT Capitalize court in legal documents in only four situations: 1. When you’re referring to the United States Supreme Court {the Court’s opinion in Marbury v. Madison }. 2. When you’re stating a court’s full name {the Court of Appeals for the Fifth Circuit} {the Michigan Supreme Court}. 3. When you’re referring to the court you’re LAWPROSE LESSON #224: RETHINKING THE DROPPING OF “JR In our LawProse Lesson of May 2013 ( #120 ), we cited six authorities published from 1937 to 2003 insisting that the “Jr.” be dropped upon the father’s death. Concededly, this position seems a little callous and arguably disrespectful. The trend today is for Juniors to GARNER’S USAGE TIP OF THE DAY: LESS (1). Garner’s Usage Tip of the Day: less (1). less (1). Today: And “fewer.”. Strictly, “ less ” applies to singular mass nouns {less water} and “ fewer ” applies to plural count nouns {fewer interruptions}. An exception occurs when the plural count nouns aredivisible units of
GARNER’S USAGE TIP OF THE DAY: WHETHER (3). E.g.: o “Thompson . . . the narrow legal issue of whether fund-raising calls made by either Clinton or Gore violated a federal law barring solicitation on federal property.” “Fund-Raising Law Not Broken, Clinton Says,” Chicago Trib., 23 Sept. 1997, at 11. o “It also allowed trustees to avert the broaderissue of whether
LAWPROSE LESSON #203: “LIE LOW” OR “LAY LOW”? Use lie low in the present tense; lay low in the past tense. Ex.: The celebrity is lying low for a few weeks to avoid news reporters. Ex.: Last month, that same celebrity lay low to avoid the paparazzi. Ex.: He has lain low for almost a year. The base verb used here, of course, is lie, conjugated lie – lay – lain, not the transitive lay asTHE WINNING BRIEF
2 © 2010 LawProse, Inc. & Bryan A. Garner. 8. Use deep issues. 9. Use separate sentences for issues. 10. Keep issues to 75 words. 11. Write syllogistically. 12. Make LAWPROSE LESSON #125: “ONE OF THOSE WHO ARE” OR “ONE OF The lesson here: Don’t be one of those people who mistakenly believe that the word believe earlier in this sentence should have been believes. Sources: Garner’s Modern American Usage 591-92 (3d ed. 2009). Garner’s Dictionary of Legal Usage 634 (3d ed. 2011). The LAWPROSE LESSON #131: WHEN SHOULD YOU CAPITALIZE “COURT When should you capitalize court? Capitalize court in legal documents in only four situations:. 1. When you’re referring to the United States Supreme Court {the Court’s opinion in Marbury v.Madison}.. 2. When you’re stating a court’s full name {the Court of Appeals for the Fifth Circuit} {the Michigan Supreme Court}. GARNER’S USAGE TIP OF THE DAY: SPLIT INFINITIVES (1 Split Infinitives (1). Today: Generally. H.W. Fowler divided the English-speaking world into five classes: (1) those who neither know nor care what a split infinitive is; (2) those who do not know, but care very much; (3) those who know and condemn; (4) those who know and approve; and (5) those who know and distinguish (Modern English Usage 1st ed. at 558). It is this last class to which, if LAWPROSE LESSON #213: CASELAW: ONE WORD OR TWO? Caselaw: one word or two?. Two-syllable noun phrases often begin as separates, then become hyphenated, and then become solidified. Take, for example, the word today.It started as two words {to day}.In the 19th century it was commonly hyphenated {to-day}.The Century Dictionary (1895) listed to-day as the preferred form with today as a variant.In 1934 the venerable Webster’s New International LAWPROSE LESSON #234: STRICKEN FROM THE RECORD OR STRUCK A Westlaw search in the “allcases” database shows that stricken from the record has predominated in the last ten years by a 7-to-1 ratio. Given stricken ‘s frequency of use in legal writing, some lawyers may conclude that they should continue to use the term. Others will prefer to stick with struck —the more correct past participle.BOOKS – LAWPROSE
The Winning Oral Argument: Enduring Principles with Supporting Comments from the Literature, 2d edition, 2009. LAWPROSE LESSON #149: “FURTHER AFFIANT SAYETH NAUGHT LawProse Lesson #149: “Further affiant sayeth naught”. Further affiant sayeth naught. Many affidavits close with this classic legalese or some variation of it. Other than the obvious questions (“What does it mean?” and “Is it necessary?”), this phrase gives rise to two stylistic dilemmas. LAWPROSE LESSON #215: HOW DO YOU DECIDE WHICH LATIN The answer depends on how thoroughly naturalized the word, abbreviation, or phrase has become in English. If the term has become so commonplace in English that it is said to be “anglicized,” it stays in roman type; if it’s persistently considered a foreignism, it should be in italics. If that sounds like a fuzzy “rule,”you’re right.
LAWPROSE LESSON #217: WHEN DO YOU CAPITALIZE “FEDERAL” AND Don’t capitalize state when using it as a common noun {She visited the New England states last month.} {The travel guide lists the most secluded beaches in the state of California.}. But do capitalize state if it is (1) part of a proper name {I live in Washington State (as opposed to Washington, D.C.).} {Sick of the hot Texas summers, Susan GARNER’S USAGE TIP OF THE DAY: EFFECT; AFFECT. effect; affect. “Effect” (= to bring about) is often misused for “affect” (= to influence, have an effect on). The blunder is widespread — e.g.: o “Opponents say it would effect only a small number of people — in New York an estimated 300 criminals a year — Click here to receive e-mails for Garner’s Usage Tip of the Day andLawProse Lessons
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