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

swat (= to swing at [something] with a slapping movement) is the standard spelling. *”Swot” is a variant.

sweetbrier, denoting a type of European rose, is so spelled — not *”sweetbriar.”

swivel, vb., makes “swiveled” and “swiveling” in American English, “swivelled” and “swivelling” in British English.

*sworn affidavit is a common redundancy.

syllabus. The plural is “syllabuses” or “syllabi.” American teachers are fond, perhaps overfond, of the Latin plural. Ernest Gowers wrote that “the plural ‘-buses’ is now more used than ‘-bi’” (Modern English Usage 610 [2d ed. 1973]). He was right: in American English, “syllabuses” outstrips “-bi” by a 2-to-1 ratio. (In legal writing, oddly, the ratio is 10 to 1 the other way: “syllabi” over “-buses.”) Language-Change Index — “syllabuses” as plural of “syllabus”: Stage 5.

sylvan (= of, relating to, or living in the woods) is the standard spelling. *”Silvan” is a variant.

*Invariably inferior forms.

For information about the Language-Change Index click here.

——————–
Quotation of the Day: “The introduction is so explicit a means of helping the reader to approach the task of reading the exposition that composing it is relatively simple compared with the task, often requiring much skill, of handling masses of detail in the body of the document.” J. Raleigh Nelson, Writing the Technical Report 26 (1st ed. 1940).

Posted in Uncategorized | Leave a comment

Garner’s Usage Tip of the Day: surname; Christian name; forename; given name.

The surname (or “family name”) denotes (wholly or partly) one’s kinship. In many cases it was derived from physical characteristics, occupations, or locations and later transmitted to descendants (e.g., Smith); in other cases it indicated paternity (e.g., Davidson). Such names came to be called “surnames.”

The modern custom is that a woman who marries may, but need not, add her husband’s surname to her own (e.g., Hillary Rodham Clinton). In medieval England the Christian name was the baptismal name and was the only name that many people bore. Surnames were given later to differentiate (e.g., Robert the Younger).

The personal name of a non-Christian is better called a “forename” (if it comes first) or “given name” — or simply “personal name.” E.g.: “‘Woranoj’ is the personal name [or 'forename' or 'given name'] and ‘Anurugsa’ the family name [or 'surname'] of my friend in Bangkok.” The phrases “first name” and “last name” can be misleading because of the naming practices of different cultures.

For information about the Language-Change Index, click here.

——————–
Quotation of the Day: “An ironic statement is one in which the literal and figurative meanings are opposites, as possibly in the sentence, ‘The duty of the schools is to help everybody get ahead of the Joneses.’” James Sledd, “Some Notes on English Prose Style” (1959), in The Problem of Style 185, 201 (J.V. Cunningham ed., 1966).

Posted in Uncategorized | Tagged | Leave a comment

Garner’s Usage Tip of the Day: surmise.

Part A. Spelling: As noun and verb, the word is so spelled — not *”surmize.” E.g.: “Other officials even extended their optimism to surmize [read 'surmise'] that ‘a new climate has begun.’” Ana Martinez-Soler, “Madrid Cheers as France Quashes ETA Terrorists,” Christian Science Monitor, 17 Jan. 1984, at 7.

Part B: And *”surmisal.” The word *”surmisal” is but a needless variant of the noun “surmise” — e.g.:

o “On Long Island, the vacuum of knowledge is filled with assumptions and surmisals [read 'surmises'], the latest being that Iran may have been involved in the bomb explosion aboard TWA 800 — that is, if it was a bomb explosion.” Daniel Schorr, “Tripping over Terrorism,” Christian Science Monitor, 9 Aug. 1996, at 19.

o “Just 32 months away from 12 years in office, Democratic Colorado Gov. Roy Romer recently offered a rather ironic surmisal [read 'surmise'? 'appraisal'?] of his cumulative effect on our state’s Republican Legislature.” “Put It to a Vote,” Gaz. Telegraph (Colo. Springs), 13 May 1997, at 6.

Language-Change Index — *”surmisal” for “surmise”: Stage 1.

*Invariably inferior forms.

——————–
Quotation of the Day: “The newspaper influence . . . is a good one for the writer. It teaches economy of words. It makes you write faster. When you’re on rewrite as I was, you can’t fool around at half-past nine trying to write beautiful lacy prose.” John O’Hara (as quoted in Harvey Breit, The Writer Observed 82 (1956)).

Posted in Uncategorized | Tagged | Leave a comment

LawProse Lesson #119: Is it better to say May 29, 2013, or May 29th, 2013?

ANSWER: It’s best without the th. An ordinal number indicates position in a series (e.g., first, second, fifteenth), and should not be used when writing a date. Any one of these forms is correct: May 29, 2013 (the American method); 29 May 2013 (the military or British method); or the 29th of May 2013 (acceptable but old-fashioned).

Generally, the military method is a good choice for prose and letters because it takes no commas {8 Sept. 2013}. (This is the style used throughout Garner’s Modern American Usage and Garner’s Dictionary of Legal Usage.)

In formal legal writing such as the statement of facts in a brief, the preferred form is May 29 (if it’s unnecessary to state the year). So if the year has already been identified, it’s better to write Salazar spoke with opposing counsel on May 29 rather than Salazar spoke with opposing counsel on May 29th. The first version is visually cleaner and tighter.

Sources noting the undesirability of using an ordinal number after the month go way back:

  • 1908: “It is not necessary to put ‘th’ or ‘nd’ or ‘st’ after the day of the month, except in the body of a letter when numbers indicating days of months stand alone.” Sherwin Cody, How to Do Business by Letter 10 (1908).
  • 1916: “Write the day of the month simply in figures; do not add -st, -nd, -rd, -th. These letters are unnecessary in the heading . . . . But in the body of the letter, after the date has once been mentioned, other days in the month may be followed by -st, -nd, -rd, -th, and the month omitted, to save repetition. Right: Your telegram of March 10 has just come in, and the order has been sent to the shipping department. The goods should reach you not later than the 12th.” Edward Hall Gardner, Effective Business Letters 30 (2d ed. 1916).
  • 1950: “After the name of a month, use figures to express the day. {Your letters of May 3, 5, and 10 were answered in full on May 12.} When the day of the month stands alone or when it precedes the month, it may be written in figures with d, st, or th added, or it may be spelled out. {We enclosed a check for $100 in our letter of the 15th of April.} {In your letter of the 6th you asked for our price list.} {In your letter of the sixth you asked for our price list.}” Robert R. Aurner, Effective Communication in Business 629 (3d ed. 1950).
  • 1965: “It is unnecessary, and may be considered wrong, to use nd, rd, st, or th. Wrong: April 1st, 1964; Right: April 1, 1964.” L.E. Frailey, Handbook of Business Letters 228 (rev. ed. 1965).
  • 1972: “When the day follows the month, always express it in cardinal figures (1, 2, 3, etc.). On March 6 (NOT: March 6th or March sixth).” Rosemary T. Fruehling & Sharon Bouchard, The Art of Writing Effective Letters 200 (1972).

A few other notes about writing dates:

1.  When writing just the month and year, don’t use of and don’t put a comma between the month and year. Write October 2014, not October of 2014 or October, 2014.

2.  Use a comma after the year {the order signed on February 16, 2013, was sent to the client} unless the date is used adjectivally {the February 16, 2013 order was sent to the client}. Note: The Chicago Manual of Style considers the comma after the year necessary here {the February 16, 2013, order was sent to the client}, but recognizes that it’s an awkward construction and is best avoided by recasting the sentence.

3.  Don’t use periods in a date — it’s harder to read {2.16.2013}. Use slashes or hyphens instead {2-16-2013} {2/16/2013}.

Sources:
The Chicago Manual of Style § 5.82, at 225; § 6.45, at 322 (16th ed. 2010).
Garner’s Dictionary of Legal Usage
246 (3d ed. 2011).
Garner’s Modern American Usage 225-26, 579 (3d ed. 2009).
Garner, HBR Guide to Better Business Writing 160 (2012).
Garner, The Redbook § 1.10, at 10; § 1.81(b), at 50 (2d ed. 2006).

Thanks to John C.E. Allen, Richard F. Flickinger, and Marc M. Stern for suggesting this topic.

Posted in Uncategorized | Tagged | Leave a comment

Garner’s Usage Tip of the Day: supposed to.

“Supposed to” (= expected to) wrongly made *”suppose to” is an exceedingly common error — e.g.:

o “We’re suppose [read 'supposed'] to feel her greatest humiliation in this scene.” Avis L. Weathersbee, “Judging TV’s Black Images,” Chicago Sun-Times, 8 Apr. 2001, Showcase §, at 1.

o “‘The Price of Milk’ is suppose [read 'supposed'] to be a surreal romantic comedy about two young lovers who encounter a series of strange encounters and situations.” Paul Stevens, “So Sour,” Buffalo News, 18 May 2001, at G6.

o “He was suppose [read 'supposed'] to be a lawyer, in fact was in his second year of law school at Florida State University, when he had an epiphany.” “Artistic Tribute to 4-Legged Victims,” Atlanta J.-Const., 26 May 2001, Features §, at C2.

In constructions in which “suppose” means “to assume,” an infinitive may follow the verb {I suppose this to be your answer}.

Language-Change Index — *"is suppose to" for "is supposed to": Stage 1.

*Invariably inferior forms.

——————–
Quotation of the Day: “To be fully useful, documents of more than 25,000 words require an index. . . . A poor index is frequently cited as the major weakness of books that critics otherwise like and admire.” Ernst Jacobi, Writing at Work: Dos, Don’ts, and How Tos 166 (1976).

Posted in Uncategorized | Tagged | Leave a comment

Garner’s Usage Tip of the Day: supposable, suppositious, supposititious, suppositional, *suppositive

“Supposable” = capable of being supposed; presumable. E.g.: “He learns more about himself and the supposable dimension of man’s future.” Dick Richmond, “A Sequel to ‘The Celestine Prophecy,’” St. Louis Post-Dispatch, 16 May 1996, at G7.

“Suppositious” and “supposititious” sometimes cause confusion. Although some modern dictionaries list these as variants, some differentiation is both possible and desirable. “Suppositious” should be used to mean “hypothetical; theoretical; assumed.” E.g.: “House Speaker Thomas Foley . . . said: ‘I never answer questions like that. They are what are called suppositious questions.’” Michael Karnish, “Clinton Receives a High Court List,” Boston Globe, 16 Apr. 1994, at 1.

“Supposititious” should be confined to its usual sense, “illegitimate; spurious; counterfeit.” E.g.: “This supposititious mortal mind, not God, is the parent of all oppression and abuse, individual and collective.” “The Circle of Love,” Christian Science Monitor, 11 Sept. 1996, at 17.

Sometimes “suppositious” appears to be misused for its longer sibling — e.g.: “Lo finally has her baby by the side of a stream, with Elaine assisting. (The tidily achieved birth is the script’s one suppositious [read 'supposititious'] touch.)” Stanley Kauffman, “Manny and Lo,” New Republic, 12 Aug. 1996, at 26.

“Suppositional” = conjectural, hypothetical. It has much the same sense as “suppositious,” and is perhaps generally the clearer word. And it’s a little more common — e.g.: “Most of the play takes place in a tent, where Hale and Montresor argue their opposing world views, hopes and passions — a highly suppositional but dramatically irresistible approach, Ford admitted.” Paul Hodgins, “Short Memory an Asset for ‘Nathan Hale,’” Orange County Register, 3 Nov. 1995, at 29.

*”Suppositive” is a needless variant of “supposititious” and “suppositional.”

*Invariably inferior forms.

For information about the Language-Change Index click here.

——————–
Quotation of the Day: “A writer, if he is to be reasonably honest, must express sentiments repugnant to a good many people.” Richard Neuberger, “I Run for Office” (1947), in Think Before You Write 30, 33 (William G. Leary & James Steel Smith eds., 1951).

Posted in Uncategorized | Leave a comment

Garner’s Usage Tip of the Day: supplicant, *suppliant

supplicant; *suppliant.

“Supplicant” is the standard term meaning “one who earnestly beseeches; a humble petitioner” — e.g.:

o “Upstairs in a darkened room of the Edina home in which he was staying, Sakya Trizin, supreme head of one of Tibetan Buddhism’s four branches, received a constant stream of supplicants.” Kay Miller, “Buddhism from Tibet Pursues Energy of West,” Star Trib. (Minneapolis), 8 July 1995, at A1.

o “The ugly fact is that each of these senators, and every other member of Congress, owes his or her job in some measure to the ability to squeeze money out of those who come before Congress as supplicants.” “‘Investigate Clinton, Not Us,’ Is the Cry of the GOP,” USA Today, 4 Mar. 1997, at A12.

o “Yeltsin has been cut out of some crucial discussions and sometimes treated as a needy supplicant.” Cragg Hines, “Yeltsin Signs NATO Accord, Agrees to Redirect Missiles,” Houston Chron., 28 May 1997, at 1.

*”Suppliant” is a needless variant because it occurs much less frequently and because it less closely matches the corresponding verb, ‘supplicate.’

*Invariably inferior forms.

For information about the Language-Change Index click here.

——————–
Quotation of the Day: “Speakers may be divided into three groups: the Assured, the Anxious and the Indifferent. It is the members of the second group, the Anxious, who are prone to commit the most grievous offences against elementary syntactic function in their excessive solicitude for correctness, whereas the Indifferent are more liable to indulge in condonable misdemeanors.” Simeon Potter, Modern Linguistics 165 (2d ed. 1967).

Posted in Uncategorized | Leave a comment

Garner’s Usage Tip of the Day: Miscellaneous Entries

susceptible – properly sounded /suh-SEP-tuh-buhl/ — is sometimes mispronounced, even by educated speakers, /suhk-SEP-tuh-buhl/.

suspendable; *suspendible. The latter is a needless variant. Though *"suspendible" is the only form listed in Webster’s Third New International Dictionary and the Oxford English Dictionary, “suspendable” is eight times as common.

swab (= [1] a mop; or [2] a cotton wad or cloth used for cleaning) is the standard spelling. *"Swob" is a variant.

swale (= a depression in the land) is sometimes misspelled *"swail" — e.g.: “Mickelson . . . played it safe at 13 and banked his tee shot off the right fringe. ‘It caught the right swail [read "swale"] and caught the bottom of the cup,’ Mickelson said.” Melanie Hauser, “TPC Leaves Players Amazed at High Scores,” Houston Post, 25 Mar. 1995, at B5. Language-Change Index — “swale” misspelled *"swail": Stage 1.

swap (= to exchange) is the standard spelling. *"Swop" is a variant.

*Invariably inferior forms.

For information about the Language-Change Index click here.

——————–
Quotation of the Day: “No one cares whether you read fast or slow, well or ill, but as soon as you put pen to paper, somebody may be puzzled, angry, bored, or ecstatic; and if the occasion permits, your reader is almost sure to exclaim about the schools not doing their duty.” Jacques Barzun, How to Write and Be Read, Contexts for Composition 184 (1969).

Posted in Uncategorized | Leave a comment

LawProse Lesson #118

Why isn’t *subpoenae the plural of subpoena?

In response to our last lesson on subpoenas duces tecum, many people asked: Why isn’t the plural *subpoenae duces tecum?

Subpoena is a singular English noun — it was never a Latin noun. Rather, the English word subpoena derived from the Latin phrase sub poena, meaning “under penalty” or “under pain.” The Oxford English Dictionary dates subpoena from the late 15th century. And the plural subpoenas appears in English law as early as 1509 in the title of a statute “for Subpoenas and Privy Seals.” That’s the only plural until the early 19th century when *subpoenae first appeared — in a misquotation from Coke’s Institutes (Coke actually wrote sub poena).

So the false Latin plural *subpoenae is a hypercorrection and, in fact, not a Latin word at all. Two similar examples of hypercorrection are *octopi for octopuses and *ignorami for ignoramuses. (But the -ae does show up in the correct past-tense verb form subpoenaed, so that may add to the confusion.)

For the most part, though, people seem to get this right. A quick search on Google Books reveals over 2.4 million hits for subpoenas, but only about 11,000 for *subpoenae. Similar results are found in the Westlaw databases of JLR (148 instances for -ae; more than 10,000 for -as) and Allcases (1,025 instances for -ae; more than 10,000 for -as).

Although there is no penalty for writing or saying *subpoenae, other than the funny looks you’ll get, there ought to be a law. Then those who adopt the hypercorrect misusage would be under penalty.

*Invariably inferior form.

Sources:
Garner’s Dictionary of Legal Usage 856 (3d ed. 2011).
Garner’s Modern American Usage 782 (3d ed. 2009).
H.W. Fowler, A Dictionary of Modern English Usage 598 (Ernest Gowers ed., 2d ed. 1965).
Edward Coke, 4 Institutes of the Lawes of England 23 (1606).
John Hatsell, 1 Precedents of Proceedings in the House of Commons 6 (1818).
Oxford English Dictionary (updated online ed.), s.v. “subpoena,” accessed 10 May 2013, www.oed.com/view/Entry/192908?rskey=cF4Pyfresult=1&isAdvanced=false#eid.

Posted in Uncategorized | Tagged | Leave a comment

Garner’s Usage Tip of the Day: Superstitions (8)

Today: Four More.

“Never Use ‘between’ with More than Two Objects”: “When Miss Thistlebottom taught you in grammar school that ‘between’ applies only to two things and ‘among’ to more than two, she was for the most part correct. ‘Between’ essentially does apply to only two, but sometimes the ‘two’ relationship is present when more than two elements are involved. For example, it would be proper to say that ‘The President was trying to start negotiations between Israel, Egypt, Syria and Jordan’ if what was contemplated was not a round-table conference but separate talks involving Israel and each of the other three nations.” Theodore M. Bernstein, Dos, Don’ts & Maybes of English Usage 29 (1977). See GMAU, “between (A).”

“Never Use the First-Person Pronouns ‘I’ and ‘me’”: “If you want to write like a professional just about the first thing you have to do is get used to the first person singular. Just plunge in and write ‘I’ whenever ‘I’ seems to be the word that is called for. Never mind the superstitious notion that it’s immodest to do so. It just isn’t so.” Rudolf Flesch, A New Way to Better English 49 (1958). See GMAU, “First Person.”

“Never Use Contractions”: “Your style will obviously be warmer and truer to your personality if you use contractions like ‘I’ll’ and ‘won’t’ when they fit comfortably into what you’re writing. ‘I’ll be glad to see them if they don’t get mad’ is less stiff than ‘I will be glad to see them if they do not get mad.’ There’s no rule against such informality — trust your ear and your instincts.” William Zinsser, On Writing Well 117 (3d ed. 1985). See GMAU, “Contractions (A).”

“Never Use ‘you’ in Referring to Your Reader”: “Keep a running conversation with your reader. Use the second-person pronoun whenever you can. Translate everything into ‘you’ language. ‘This applies to citizens over 65′ = ‘if you’re over 65, this applies to you.’ ‘It must be remembered that’ = ‘you must remember.’ ‘Many people don’t realize’ = ‘perhaps you don’t realize.’ Always write directly to ‘you,’ the person you’re trying to reach with your written message. Don’t write in mental isolation; reach out to your reader.” Rudolf Flesch, How to Be Brief: An Index to Simple Writing 114 (1962).

For information about the Language-Change Index click here.

——————–
Quotation of the Day: “Most of us have learned many things about language from others, but generally the wrong things. More likely than not we have acquired ideas and beliefs that do not have facts to back them.” Ronald Wardhaugh, Proper English: Myths and Misunderstandings About Language viii (1999).

Posted in Uncategorized | Leave a comment