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Grammar Giggle – Starbucks _ _ _ _ _ (Fill in the Blank)

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Proofreading isn’t only important on paper and it isn’t only spelling. It’s making sure the functionality of whatever you are putting your work on doesn’t accidentally change what you say–sometimes to fairly disastrous consequences. As much as it pains me to share this picture because of my love of Starbucks, it does illustrate an important point.

Starbucks

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Search and Replace or Search and Destroy

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We all know that word processing software comes with many useful features. There is a danger, however, in depending too much on the software. Here are some examples:

  • Spell check. As I’ve mentioned before, spell check absolutely has its uses, but is not the only (or necessarily the best) proofreading method. One example I’ve given before is “doe snot” instead of “does not.” They are both spelled correctly, but one is definitely not correct. Do not rely exclusively on spell check.
  • Grammar check. This feature is useful for catching some issues, but cannot possibly be accurate with every grammar resource, so be careful not to just accept all of the software’s “advice.”

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  • Search and replace. While this certainly has its place in searching and replacing something like a misspelled name, you must be very careful using global search and replace. Think about the danger–say you wanted to search for the word “plain” and replace it with the word “normal.” The issue appears where other words might contain the search term. For instance, in this case, if your document included the word “plaintiff,” the global search and replace would change that word to “normaltiff.” While entertaining, that is obviously not correct. If you want to use search and replace, you should review the suggested replacements before they are made.

These suggestions may not make your writing easier, but it should help you be more accurate from the beginning of the process.

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Grammar Giggle – Presidents Day

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Happy Presidents Day! I’m assuming this school was talking about the holiday honoring ALL of the U.S. Presidents and not just one President. Remember, with apostrophes you start with the correct word–in this case, “Presidents” because you’re talking about all the Presidents–and then make it possessive by adding an apostrophe (and an “s” if necessary). NOTE: various sources disagree about whether the apostrophe belongs at all. Since the apostrophe denotes possession and the holiday is to honor U.S. Presidents and not a day that belongs to those Presidents, no apostrophe is probably more correct. In any event, this school sign is obviously incorrect.

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Capitalization in Legal Documents

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A reader asked about capitalization in legal documents. It sounds like it should be simple but research shows lots of people have their own ideas about what should be capitalized. The Gregg Reference Manual says there is no uniform style for capitalization in legal documents, but common practice is to capitalize key terms such as the parties and the type of document you are working on. Since we’re talking about legal documents, I checked The Bluebook (19th ed.). Here is a quick breakdown of capitalization “rules” according to both sources:

Court – The word “court” is capitalized in these instances:

  • Always when referring to the United States Supreme Court
  • Always when the name of the court is spelled out, i.e., the United States District Court.
  • When your document is talking about the specific court that will rule, i.e., “We ask the Court to rule in favor of the Plaintiff”
  • Do not capitalize the word “court” when talking about a ruling in another case, i.e., “The court in Roe ruled . . .”

Parties – When referring to the parties in your particular document, capitalize their designation:

  • “The Plaintiff files this Reply in Support of Motion to Dismiss.”
  • However, “The defendant in Smith v. Jones used the unclean hands defense.”

State – Capitalize the word “state” in these instances:

  • When it is part of the full name of the state, i.e., the State of California
  • When the word it modifies is capitalized, i.e., the State Education Director
  • When referring to the state as a party to the litigation or as a governmental actor, i.e., “The State filed its Answer on January 14, 2014.”

Titles of Documents – When referring to a document that has been filed in the same matter in which you are filing your document:

  • In the Motion to Dismiss, Plaintiff alleges . . .
  • Under the Court’s February 10, 2014, Order . . .

As for other defined terms in legal documents, I personally think it is much clearer if a term is defined and then capitalized throughout:

  • ABC Corporation (“Corporation”) hereby agrees . . .
  • The doctors employed by St. Joseph’s Hospital (“Doctors”) . . .

This can be tricky when a defined term is used in describing another case. Only capitalize the defined term in YOUR case. If you can substitute the full name of the defined term, you can capitalize it. For instance, using our definition of “Corporation” above:

  • “At all times relevant hereto, Corporation was engaged in business in the state of Arizona.” Here, “. . . ABC Corporation was engaged in business . . .” is correct since you are talking about the defined Corporation.
  • HOWEVER–“In Smith, the corporation was engaged in the business of providing license plate holders through Internet sales.” Note that in this example, the corporation you are referring to is a corporation in the Smith case, not ABC Corporation.

The same basic rule applies to defined documents:

  • In its Motion for Summary Judgment (“Motion”), Plaintiff is attempting . . .. The Motion is untimely.

One thing I did learn is that in legal documents using Bluebook style, words in headings are capitalized except for articles, conjunctions, or prepositions of four or fewer letters unless they begin the heading. This is different than the Gregg style for regular writing. See Things Are Coming to a Head[ing]!

What rules do you have for capitalization in legal documents? Please share them in the comments.

 

 

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More Quickies!

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quick-tips-for-flyersHere is a compilation of tidbits that didn’t quite warrant their own blog post, but are interesting enough to share.

  • Is it wreck havoc or wreak havoc? According to the online Merriam-Webster Dictionary, wreck means “a vehicle, airplane, etc., that has been badly damaged or destroyed; a ruined or destroyed ship; an accident in which a car, airplane, train, etc., is badly damaged or destroyed.” On the other hand, wreak means “to cause (something very harmful or damaging)” and “bring about, cause <wreak havoc>.” So the correct phrase is to wreak havoc.
  • Personal pronouns like myself, himself, herself, etc. can ONLY be used in certain circumstances:
    • to reflect back to the subject – I found myself craving a nap on my day off.
    • to emphasize a noun or a pronoun that has already been expressed – The secretaries themselves did all the work for the buffet.
    • Do NOT use a compound personal pronoun unless the noun or pronoun to which it refers is in the same sentence.
      • The reservations are for the Smiths and myself. (There is nothing for myself to refer back to here, so it should say “the Smiths and me.”)
      • John and myself can meet on Tuesday. (It should be “John and I can meet on Tuesday.”)
  • Family terms using the prefix great or the suffix in-law should always be hyphenated. However, terms involving step or grand are kept solid.
    • My great-grandmother lived in Arkansas.
    • John’s son-in-law wanted to move his family to Alaska.
    • I love being a grandmother.
    • Sara’s stepchildren are a blessing in her life.

Pretty quick, huh? I hope you learned a little something. Remember to email any topics you would like to see covered to [email protected]!

 

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