List of words and expressions often confused and misused:

Abhorrence of or abhorrence for? Use abhorrence of; abhorrence for is incorrect.

abolition. So spelled. Not abolishment as what some law students write. There is
no
word as abolishment in the dictionary.
abstruse and obtuse. Abstruse is hard to understand. Obtuse means dull, slow.
above-mentioned, above-listed, before-mentioned, etc. Simply these are
cumbersome phrases.
Poor
the above-mentioned court
Better
the court (or give the name of the court again)
acting mayor and acting as mayor - an acting mayor is one who acts such when
there is a vacancy in the post. The one appointed shall hold office for the
unexpired term of the office while acting as mayor is one where there is no
vacancy in the post of mayor. One is only acting as such temporarily and
during the temporary disability of the regular incumbent. He is only a "pinch
hitter."
adjoin, adjourn, adjure. Adjoin is to be next up, adjourn is to suspend a session
and adjure is to command.
admittance; admission. The first is purely physical (No admittance), whereas the
second is used in figurative and nonphysical senses. Example: admission to
the bar.
adapt, adopt. Adapt means to make fit or suitable, to adjust; adopt to take as one's
own, to accept formally.
adverse; averse. To be averse to something is to have feelings against it; to be
adverse to something is to be "turned' in opposition against it. We usually
think of people being averse to something, and of circumstances as being
adverse; but in law, with our adversary system, we often refer to adverse
parties.
aforementioned; aforesaid. Expunge these lawyerisms; they have little or no
justification in modern writing.
aggravate. Avoid this word in place of annoy or irritate. In formal prose,
aggravate
(literally "to add weight to") means "to make worse, exacerbate."
alimentary and elementary. Alimentary pertains to nourishment. Elementary is
simple and basic.
All…. not. Not all is usually the correct sequence in negative constructions.
Example:
 Poor
All writers did not accept Lord Coke's dictum.
Better
Not all writers accepted Lord Coke's dictum.
all of. Omit of (all the depositions), except when a pronoun follows (all of us were
deposed.)
altogether; all together. The first means "completely, wholly," or “in all.”
The claims were not altogether unfounded. (wholly)
Altogether, 4,000 members attended the bar convention. (in all)
The second means "at one place or at the same time" (the defendants were
tried all together.)
and/or. Banish from your working vocabulary this "much condemned conjunctive-
disjunctive crutch of sloppy thinkers.
Reason: It creates ambiguity.
Poor
…a fine of P500.00 and/or imprisonment for not more than 10 days
Better
a fine of P500.00 or imprisonment for not more than 30 days, or both
The word or usually includes and:
Example:
No food or drink allowed.
That sentence does not suggest that, singly, food or drink is disallowed, but
that if you take both food and drink, you have not violated the rule. This is
so because and signals in addition as a conjunction, a connector of added
material. And moves items together. Or is disjunctive; it presents the
alternative or the exclusion. Or may be inclusive and exclusive but not both.
Ante- or anti-. Ante- means in front of or before as in antebellum. Anti- means
against or opposite as in anti-intellectual and anti-body.
as good as, if not better than. A correctly phrased but awkward and mixed
comparison. A statement will be more effective when if not better is put at
the
end. (Awkward: My work is as good as, if not better than, your work.
Improved: My work is as good as yours, if not better.)
arguendo. Unnecessary and (for many readers) obscure in place of for the sake of
argument. In British legal contexts, arguendo usually means "during the
course of argument' - so unless your readers are all Americans, the word
may even be ambiguous to those familiar with the word.
as far as … is concerned. Wordy filler. Avoid this if you can.
Poor
As far as any damages are concerned, we expect them to be insignificant.
 Better
We expect any damages to be insignificant.
As if or as though. Either one means in the same way that it would be if. They can
be used interchangeably.
as much or more than. Incorrect for as much as or more than.
as per. Help stamped out this unrefined bit of legaldegook and commecialese.
Use
in accordance with or under, if you insist on greater concision, per alone.
Example:
Under the terms of this contract….
Rather than
As per the terms of this contract….
as to. Use this phrase only at the beginning of a sentence (As to the other plaintiffs,
their claims are barred). As a preposition, as to should always be replaced by
a more specific word (of, on, with, for, to, by, in, to, into), or dropped
completely.
Example:
The trial court failed to specify as to what [read specify what] the defendant
relied on.
as to whether. Delete as to. Whether is sufficient.
as yet. Like the variation as of yet, this phrase is invariably inferior to yet alone,
thus
far, or some other equivalent phrase.
at the time that. Try using when instead.
at this point in time. Try using now or currently for a clearer, more concise
sentence.
Attorney or Lawyer. - Generally, attorney refers to the specific person
representing
a client.
Example:
Attorney Ulep moved for a new trial.
The term lawyer refers to the general category of people qualified to practice
law.
Example:
One hundred lawyers attended the seminar on the New Corporation Code.
a while; awhile. A while is a noun phrase meaning a period or interval. Awhile is
an adverb meaning for a short time. When the term is introduced by a preposition,
spell it as two words.
Example:
He rested for a while.
 The adverbial use of the term is usually more concise:
Example:
He rested awhile.
Basis, on a.... Generally, avoid this long-winded phrase.
Poor
The standard must be applied on a case-by-case basis.
Better
The standard must be applied case by case.
biannual; biennial. Biannual like semiannual, means "occurring twice a year."
Biennial means "occurring once every two years. In other temporal
instances, bi-means "every two" (biweekly, bimonthly) and stands in
contrast with semi- meaning "twice every" (semiweekly, semimonthly). To
eliminate likely confusion, write twice-yearly or semiannual, not biannual.
case. This word best refers only to a legal case, a medical case, grammatical case,
or
a case of wine. In legal writing, avoid such phrases as in any case (READ:
in any event), in case (READ: If), in every case (READ: always or in every
instance), as is often the case READ: often), and as the case may be (reword
the idea).
case of, in the. Instead of discussing a precedent by saying, In the case of People
us.
Luna, say simply: In People v. Luna.
Can hardly or can't hardly. Can hardly is always correct. Can’t hardly never is.
In legal writing, it is often better to rephrase can hardly with some other
phrase like can scarcely or can barely. Can hardly is used loosely and
frequently in speech, and as a result sounds rather informal.
center around. Something can center on or revolve around something else, but it
cannot center around, as the center is technically a single point.
claim. This verb originally meant "to lay claim to," but it is now often used in the
sense "to allege, assert."
Example:
She claimed that the contract had been rescinded.
In this sense, claim often suggests an unsubstantiated assertion:
She claimed .... but the evidence was against her.
Avoid using the word merely as a substitute for say or state.
As a noun, claim properly denotes either "a demand for something" (a
patent claim) or "that which is demanded" (her claim was 40 acres). Using
the noun as an equivalent of assertion is now acceptable:
The defendant cannot support his claim that the plaintiff's case is
time-barred.
collaborate and corroborate. Collaborate is to work or act jointly.
Corroborate is to confirm.
common (-) law. Hyphenate the phrase when it functions as an adjective
(common-
law misdemeanors) but make it two words as a noun phrase (the common
law forbade such evidences).
compendium. An abridgment - not, as some mistakenly believed, a vast tome.
Compendious, the adjective, means "abridged, shortened." not
"voluminous."
conclusory. This term means "expressing a factual inference without expressing
the
facts on which the inference is base.” Because it is far more common in
legal writing than its variants, conclusional and conclusionary, it is
preferable to them
Conform to, confirm with or conform in. Use conform to.
consensus. So spelled. Avoid the redundant expressions consensus of opinion and
general consensus.
consort and concert. Concert is to act in harmony or conjunction. Consort is to
keep company.
consul. council and counsel. Consul is a diplomatic official. Council is an
administrative body while counsel is a legal representative; to give advice.
contagious; infectious. A contagious disease is communicable by contact with
those
suffering from it. An infectious disease spreads by contact with the germs
(e.g., in the air or in water).
correspond to or correspond with. Use correspond with if you mean that you and
another party are writing to each other. Use correspond to if you mean that
one point is analogous to another.
criterion. One criterion, two criteria
currently and presently. Although current and present, as nouns, are basically
synonymous, the adverb traditionally signals a difference in time. Example:
We are currently (right now) studying word choice. Presently (in the very
near future) we will stop and take a break.
cynosure and sinecure. Cynosure is one that attracts. Sinecure is an easy job.
deem. Often unnecessary, and usually stilted. Try to avoid it that is, deem it to be
undesirable in your writing.
defamation; libel; slander. Defamation - an attack upon the reputation of another.
It encompasses both libel (written defamation) and slander (spoken
defamation).
deluded and diluted. Deluded is misled or confused. Diluted is weakened in
 consistency.
depraved and deprived. Depraved is corrupted. Deprived is divested or stripped.
disposal; disposition. Both mean "a getting rid of" disposal has more often to do
with trash or inconsequential things, or in the phrase at one's disposal,
whereas disposition is used of a preconceived plan of orderly arrangement
(disposition of assets) (disposition of the case).
different from, than, to. Different than and different to are considered colloquial
by some authorities, improper and incorrect by others. Use different from.
differentiate, distinguish. Differentiate means to show specific differences in two
or more things. Distinguish means to point out general differences.
disorganized, unorganized. Disorganized refers to the lack of an orderly system.
Unorganized means not having an orderly whole.
dissociate. This is preferable to disassociate.
doubt if, doubt that, doubt whether. Doubt if should be avoided in business and
legal writing. Doubt that is the preferred expression in negative or
interrogative sentences when little doubt exists. Doubt whether is usually
limited to situations involving strong uncertainty.
doubtless. This is the correct adverb; doubtlessly is wrong.
due to. Some authorities label this phrase "colloquial" when it is used to mean
"because of." Some prefer owing to, caused by, on account of and because
of. Most important, remember that due to the fact that is a wordy way of
saying the short and simple word since.
during the time that. Try substituting while.
each and every one. Discard this trite phrase except in a dialogue.
-edly. Words ending in this way are more pervasive in law than elsewhere. Often
the
classic adverbial formula in a .... manner does not work with such words-
allegedly does not mean "in an alleged manner," purportedly does not mean
"in a purported manner," and admittedly does not mean "in an admitted
manner." Rather, the unorthodox formula for these words is passive: it is -
ed that. For example, allegedly = it is alleged that, concededly = it is
conceded that, purportedly = it is purported that. Instead of bewailing how
unorthodox these words are, we should, without overworking them, be
thankful for the terseness they make possible. Other such words include
supposedly, assertedly, reportedly, and confessedly.
effete. This term means "barren, exhausted," or "decadent," not "effeminate."
e.g.; i.e. The first, short for exempli gratia, means "for example." He tries all types
of cases, e.g., commercial cases, personal injury cases, divorces.
 The second, short for id est, means "that is " " She is dean of the law school,
i.e., the final authority on matters of this kind. Generally, as in the examples
just given, these abbreviated phrases should be set off by commas.
ejectment and ejection. Use ejectment in law when you refer to forcible entry and
unlawful detainer actions (Cf. Rule 70, 1997 Rules of Civil Procedure).
Ejection on the other hand is a noun meaning an ejecting or being ejected.
enclosed please find. The phrase is swollen deadwood in lawyers' correspondence,
so avoid it. Instead, write I have enclosed or (less good) Enclosed is ....
end result. Result is adequate unless you are discussing complicated math
formulas.
enjoin. The word has opposite senses: (1) "to direct, mandate," and (2) "to
prohibit."
In sense (1), the verb takes the preposition to or upon.
Secrecy is enjoined upon the jurors.
We are enjoined to decide only actual cases or controversies.
In sense (2), the usual preposition is from:
The court enjoined the pilots from continuing the strike.
enthused. As an adjective <very enthused>, this word is always inferior to
enthusiastic. As a verb ("Wonderful!" he enthused), it smacks of catchpenny
journalism.
enormity. Use only in the sense of "monstrous wickedness." Misleading if not
wrong when used to express bigness.
equal, coequal. Equal means the same in number, i.e., equal number. Coequal
means a person or thing equal to another in rank and dignity.
equally as .... as. This wording is incorrect. Equally as good as, for example,
wrongly displaces as good as or equally good.
erasable and irascible. Erasable is removable by erasing. Irascible is hot-
tempered.
Esq. This abbreviation is commonly used after lawyers' names in the United
States,
nowadays after the names of men and women alike. The abbreviation is
never to be put on one's own name-neither on a business card nor on self-
addressed return envelopes. Nor should it be used with any other title, such
as Mr. or Ms. In Great Britain, esquire is used of any man thought to have
the social status of a gentleman.
etc. Short for etcetera (and other things). Lawyers should generally - in pleading,
for
example - attempt to be as specific as possible instead of resorting to this
term. Still, it would be foolish to lay down an absolute proscription against
using etc., for often one cannot practicably list all that should be listed.
 Rather than convey to the reader that a list is seemingly complete when it is
not, the writer might justifiably use etc. (always the abbreviation). Use the
serial comma before this word, but never the word and. Be careful not to use
etc. after a list of persons; et al., short for et alit (and others), serves that
function.
everywhere. Always written as one word. Every place is commonly misused for
everywhere.
evidentiary. This is the customary word, not evidential.
fact. A fact cannot literally be false; if something is a fact, then it is by its very
nature
true. Yet in law we frequently use facts as a short form of alleged facts:
No order may recite untrue facts.
Whenever possible, avoid that type of elliptical expression. Still, the
tautology (true facts) and the oxymoron (untrue facts) are not likely to
disappear from legal writing.
Fact of the matter, the. Omit or drop this useless phrase. Reason: There is no loss
of meaning in the sentence.
Example:
The defendant did not raise the issue of lack of jurisdiction until he hired a
new lawyer.
Rather than:
The fact of the matter is that the defendant did not raise the issue of lack of
jurisdiction until he hired a new lawyer.
fact that, the. Avoid this phrase too. Reason: it adds extra words without extra
meaning.
Example:
The failure of the weighing scale was caused by inferior materials.
Rather than:
The failure of the weighing scale was due to the fact that it was caused by
inferior materials.
factor. The word properly means "an agent or cause that contributes to a particular
result." Avoid using it in the slips sense "a thing to be considered; event,
occurrence."
fatal. Not comparable. If anything is fatal, it cannot be more fatal. More nearly
fatal
is allowable.
finalize. A favorite word of jargonmongers. For that reason alone, and also
because
the coinage does not fill a gap in the language (use make final), it is to be
eschewed.
free from, free of. The former is idiomatically correct. Free of is considered either
colloquial or dialectal.
foregoing. A lawyerism to be dispensed with.
foreword and forward. A foreword is a preface or introduction. Forward suggests
movement onward.
fort and forte. Fort means an "enclosed place," a fortified building. Forte means
"special accomplishment or ability."
gage and gauge. Gage is a security deposit while gauge is to measure.
gait and gate. Gait is a manner of walking while gate is an opening in a wall or
fence.
genius and genus. The former refers to great ability. Genus refers to a class or
kind.
gibe, jibe and jive. Gibe is to tease or mock; jibe is to agree while jive is foolish
talk.
guilt; culpability. The second is a matter of fact regardless of whether it ever
becomes known; the first is what is determined by the trier of fact. Learned
Hand is said to have remarked that anyone can be a killer, but only a jury
can make a murderer.
Had. Had…have is sometimes carelessly used in inverted sentences when only
had
is required.
Example:
Had I been the judge, I would have acquitted him.
An incorrect use of had.. have occurs when the sentence has not been
inverted.
Example:
If I had been (not had have been) a judge I would have acquitted him.
hardly. The word may mean "vigorously" or "harshly" <he was beaten hardly>,
but
you ought not to use it in either of these senses. The customary meaning
today is "only just, barely."
She ate hardly anything.
The difference in placement -
he was beaten hardly
he was hardly beaten -
is not enough to eliminate doubts in the reader's mind about what you
intend. But hardly in the customary modern sense is hardly ever
ambiguous.
He is a man who. A common type of redundant expression. Thus, b it is better to
say:
 He is very ambitious.
Rather than:
He is a man who is very ambitious.
hearsay and heresy. Hearsay is rumor while heresy is a dissent from a dominant
theory.
herein; hereinafter; hereinbefore; herewith; thereof, therein; thereout;
whereof; wherefore; wherein. "It all .... fully appears from the affidavit of the
witness thereof heretofore herein filed."
Can you understand this sentence?
hereinafter called. A stilted legalism easily avoided. Ordinarily, a ed shortened
name unambiguously follows the full name.
Poor
Philguarantee Fire & Casualty Company (hereinafter called "Philguarantee")
moves that the court dismiss the action.
Better
Philguarantee Fire & Casualty Company moves that the court dismiss the
action. Acme submits that ….
hopefully. Strike this word from your vocabulary. Say I hope or it is to be hoped
instead.
Example:
Poor
Hopefully, the court will grant our petition for certiorari.
Better
I hope that the court will grant our petition for certiorari.
Though widespread, the modern use of this word is also widely
condemned, because hopefully has traditionally meant "in a hopeful
manner."
He gazed hopefully into her eyes.
identify. Always give this verb a direct object.
Example:
She identified the relevant documents,
Identify with is voguish and it must be avoided.
Poor
He could identify with her arguments.
Better
He [agreed with?] [understood?] her arguments.
if and when. Use whichever one you mean, but not both. Better still, delete the and
when; if says it all.
impact (on). Avoid using impact as a verb. It should not displace the more
traditional and less hyperbolic verbs, such as affect or influence.
 Poor
That particular precedent strongly impacted on the court's decision.
Better
That particular precedent strongly affected the court's decision.
impinge; infringe. Impinge is followed by on or upon; it does not take a direct
object. Infringe, by contrast, may either take a direct object or not:
to infringe someone’s rights
to infringe on someone's rights
Though impinge and infringe are often used as if they were
interchangeable, keep in mind these connotations: impinge = (lit.) to
strike or dash upon something else, whereas infringe = to break in
(damage, violate, or weaken).
implement. A vogue word beloved by jargonmongers, in whose language policies
and plans are implemented. Carry out is usually better and certainly less
vague.
imply, infer. Not interchangeable. To imply is to suggest a meaning hinted at but
not explicitly stated. To infer is to draw a conclusion from statements,
circumstances or evidence.
in behalf of and on behalf of. To give a charitable party in behalf of a children's
organization is to give the party to benefit it. To give a speech on behalf of
your law firm would be to speak as a representative of the firm.
in between. Omit in when the phrase is followed by an object or objects.
incurable and incurrable. Incurable is not curable while incurrable is capable of
being incurred.
incidentally; incidently. The first means loosely, casually" "by the way."
She made that remark incidentally during the negotiations. (loosely,
casually)
The testator, incidentally, made his money in burlesque shows. (by the way)
The second, a much rarer word, means "so as to depend on or
appertain to something else."
[E]vidence of other crimes may be presented when they were so blended or
connected with the one on trial that proof of one incidently involves the
other…
incident to, incidental to. The first means "closely related to; naturally appearing
with", the second means happening by chance and subordinate to some other
thing; peripheral.
Example:
A properly executed codicil is incident to a will; an unsigned note attached
to a will is treated as completely incidental to it.
indicate. Do not use this word where say or state or show will suffice.
inherent and inherit. Inherent is intrinsic while inherit is to receive from an
ancestor.
in order to. Write to.
insofar as. Insofar is written as one word.
in the last analysis. A bankrupt expression. Avoid it.
install and instill. Install is to set up for use. Instill is to impart gradually.
intestate and intrastate. Intestate is leaving no will while intrastate is existing
within a state.
irregardless, disregardless. Each of these two words is an illiteracy. That is,
neither
is a standard word and neither should be used under any circumstances,
whether in formal or informal writing. Use regardless instead.
in search for, in search of. Both of these expressions are commoly used but the
latter is preferred idiom.
inter alia. Use among others where you can instead of this Latin word. Remember
that inter alia refers to things, not people (for whom inter alios is the proper
Latin phrase).
interface. A jargonmongers' word; leave it to computer experts.
in terms of. In terms of writing, avoid this flotsam phrase.
Poor
In terms of economics, the transaction failed to minimize costs.
Better
The transaction failed to minimize costs.
-ize. Adding this suffix to an adjective or noun is one of the most frequent means
of
forming new words. True, we have a number of established words such as
analogize, fertilize, harmonize, hospitalize, minimize, proselytize, and
summarize. But creating neologisms with -ize is generally to be discouraged,
for they are always ungainly and often superfluous. Thus, we have no use for
accessorize, artificialize, cubiclize, fenderize (=to fix a dented fender),
funeralize, ghettoize, Mirandize, nakedize, prioritize, and so on. The law has
a few legitimate curiosities in -ize (e.g., privatize, collateralize,
communitize,
and constitutionalize) and probably needs no more. Careful writers are wary
of new words formed with this suffix.
juridical; jural. Jural may act as synonym for legal, but usually it means "of or
pertaining to rights and obligations" jural relations>. Juridical is rather fancy
and old-fashioned term meaning "relating to judicial proceedings or to the
law' <"uses made by judges or juridical writers of the terms"- Lord Bowen>
kind of and sort of. These two phrases are often used in informal speech with the
 meaning "rather" or "somewhat." Restrict it to its literal sense.
Example: Amber is a kind of fossil resin.
know, realize. Know means to perceive, to understand. Realize means to
accomplish, to grasp fully, and implies a more thorough understanding than
know.
kudos. Derived from Greek kydos ("glory"), kudos is a singular noun meaning
"praise, glory." The word is often mistakenly thought to be plural, Kudo, a
false singular, has therefore come to plague many texts.
latter, last. Do not use the expression the latter part of. The correct expressions are
toward the end of, the last part of.
lease; let. Let, dating from the tenth century, is three hundred years older than
lease
in the sense "to grant the temporary possession and use of (land, buildings,
rooms, etc.) to another in consideration of rent." But both are well
established.
like. In standard usage, like is a preposition that governs nouns and noun phrases,
not a conjunction that governs verbs or clauses.
Poor
He argued this case like he argued the previous one.
Better
He argued this case as he argued the previous one.
If we change argue to argument, thereby making a noun phrase out of
what had been a clause, like is appropriate.
His argument in this case was like his argument in the previous one.
This is also considered a "nothing word" if used in trendy talk, i.e., I
saw him like, last Tuesday.
Line; Along these lines. Line in the sense of "course of procedure, conduct,
thought" is allowable but has been so overworked particularly in the phrase
along these lines, that a writer who aims at freshness or originality had better
discard it entirely.
loan; lend. In formal usage, it is best to use lend as the verb and loan as the noun.
Loan is considered permissible, however, when used as a verb denoting the
lending of money (as distinguished from the lending of other things).
lots of, a lot of, a whole lot. These terms are colloquial for "many," "much," "a
great
deal." The chief objection to their use is that each is a vague, general
expression.
manner; in a manner. This is the long way of expressing an adverb. When
possible,
use an adverb in -ly, such as tortiously rather than in a tortious manner.
material and materiel. Material is having relevance or importance while materiel
is equipment and supplies.
meaningful. This word, meaning "full of meaning or expression," is becoming a
meaningless buzzword, especially when used for reasonable.
Poor
The option will expire a meaningful time before the conversion date.
Better
The option will expire a reasonable time before the conversion date.
The word has also been used to mean "significant, important." as here:
Poor
We find no meaningful constitutional infraction.
Better
We find no significant constitutional infraction.
These uses have left meaningful a vogue word that careful writers
avoid.
medium. The usual plural is media, which always takes a plural verb <the media
were accurate in their reporting>. Mediums is the correct plural when the
sense is "clairvoyants, spiritualists.
meet and mete. Meet is to come into contact with while mete is to allot.
meretricious, meritorious and meticulous. Meretricious is falsely attractive,
meritorious is deserving reward or honor and meticulous is extremely
careful about details.
mitigate; militate. Mitigate = to make less severe or intense. Militate = to exert a
strong influence. Mitigate against is incorrect for, militate against, as here:
Poor
This consideration mitigates against immediate review.
Better
This consideration militates against immediate review.
more than one. Always takes a singular noun and verb, although the meaning is
plural.
Example:
More than one defendant is involved.
moot and mute. This adjective once meant only "debatable" (a moot point was one
legitimately the subject of argument), but now it most commonly means
"having no practical significance" (a moot issue being one that a court need
not decide).
As for the verb, to moot a point is either (1) to offer it for discussion
or (2) to take away its practical significance.
Mute is a person unable to speak; to tone down or muffle.
Nauseous and nauseated. The first means "sickening to contemplate" the second
 means "sick at the stomach."
naval and navel. Naval relates to the navy while navel refers to the belly button.
news. Plural in form but singular in meaning.
Example:
The news is good.
nobody. Always written as one word. No one is preferred. Use a singular verb with
both nobody and no one.
Example:
No one is working today.
none. This term means (1) "not one," (2) "not any" Thus none may correctly take
either a singular or plural verb <none was present> <none were present>,
depending on the writer's intention. None was is the more emphatic form.
no place, nowhere. The former is perfectly sound phrase (There's no place like
home.), but it cannot be a synonym for nowhere. (She could find her purse
nowhere.) [not no place]
nor; or. Neither should be followed by nor, and either should be followed by or.
neither this nor that
She can neither stand nor walk.
either Brandeis or Holmes
When the alternatives are singular, the verb should be in the singular.
Neither the Federalist Society nor the National Organization of women
supports the nomination.
When one of the alternatives is singular and the other plural, the last
noun or noun phrase determines the number of the verb.
Neither I nor they were present at the meeting.
Either they or she was required to submit a report.
nowhere. Always written as one word.
obviously; certainly; clearly; undeniably. It has become an ironic joke among
lawyers that when an opponent - or for that matter, frequently, a judge - uses
one of these words, the statement that follows is likely to be false,
unreasonable, or fraught with doubt. In short, use obviously sparingly in
legal writing.
odds. Always takes a plural verb.
Example:
The odds are against him.
off of. Omit of.
oneself. Formerly one's self but now preferably written as one word.
orientate. Use the verb to orient, not its overgrown sibling.
otherwise. This word creates more run-on sentences in English than any other. It
 may begin a sentence or follow a semicolon, but it should virtually never
follow a comma.
Poor
Liability fastens on the master where his servant is negligent, otherwise
there is no liability.
Better
Liability fastens on the master where his servant is negligent; otherwise,
there is no liability.
overly. Strike this word from your vocabulary. Though it is old, overly is almost
always unnecessary, because over- may be prefixed at will: overboard,
overrefined, overoptimistic, overreached, and so on. If over- seems awkward
in any given combination, resort to too or unduly (too harsh instead of, for
example, overharsh).
paid and payed. Paid is the past tense and past participle of the verb pay
(Example:
He paid all his bills promptly). Payed is used only in the sense of to pay a
cable or line (Example: He payed out the anchor line lowly).
parameters. Technical contexts aside, this jargonistic vogue word is not used by
those with a heightened sensitivity to language. When you can discern what
this mush-word means in a given context, you see immediately that it has
displaced a far simpler and more straightforward term (limits, criteria,
consid-
erations).
Poor
The term of the state's consent to be sued define the parameters of the court's
jurisdiction to entertain suit.
Better
The terms of the state's consent to be sued define the limits of the court's
jurisdiction to entertain suit.
parlay and parley. Parlay is to bet again a stake and its winnings while parley is a
discussion of disputed points.
peer, pear, pier. Peer is one of equal standing. Pear is a kind of fruit while pier is
a
bridge support.
people, persons. The first is general, the second specific. One refers to English-
speaking people (or peoples), but to the seven persons capable of serving as
expert witnesses. The plural peoples is used when more than one race or
nation is referred to.
Example:
The peoples of France and Italy share many economic goals.
Peremptory and preemptory. Peremptory is ending a right of action, debate or
delay while preemptory is preemptive.
perpetuate, perpetrate. The first means "to prolong or make last (often in
perpetuity)" «to perpetuate traditions>; the second means "to commit or
carry out" «to perpetrate a fraud». Perpetuate is connotatively neutral
perpetuating folkways, perpetuating the fallacy>, whereas perpetrate is
usually pejorative perpetrating fraud and other crimes>.
perquisite and prerequisite. Perquisite is a right or privilege while a prerequisite
is
a necessary preliminary.
personally. This word often appears unnecessarily.
Poor
I personally think that the statute bars governmental liability.
Better
I think that the statute bars governmental liability.
perspective, prospective and prospectus. Perspective is a view of things;
prospective is relating to the future while prospectus is an introductory
description of a course or an enterprise.
plaintiff and plaintive. Plaintiff is the complaining party in a litigation. Plaintive
means sorrowful.
plan on [go]ing. Write, for example, plan to go.
plot and plat. Plot is a small piece of land while plat is a plan of a piece of land.
pore, pores and pour. Pore is to read attentively, pores is a part of the skin while
pour is to dispense from a container.
precede and proceed. Precede is to go or come before while proceed is to go on to
do something.
preclude. An erroneous expression is preclude the possibility of since preclude
means to render impossible.
Example:
She agreed to the review in an effort to preclude (not preclude the possibility
of) a misunderstanding.
predominately. This term is inferior to predominantly.
preliminary to. Write before.
preparatory to. A legalism for to prepare for.
preview and purview. Preview is an advance view while purview is part or scope
of a statute.
previous to. Write before.
prioritize. Unmitigated jargon. Do not prioritize; set or make priorities.
prior to. Write before.
proceeds. Refers to a sum of money. Used in the plural and takes a plural verb.
 Example: The proceeds of the sale were substantial.
proof, evidence, testimony. Proof is evidence found to be conclusive. Evidence is
any means by which an alleged fact in issue might be established or
disproved; thus, evidence may include documents and tangible objects in
addition to testimony, which refers only to oral evidence given by a witness.
proved, proven. As a past participle, proved is the better form <He had proved all
the elements of the prima facie case>. Proven is the participial adjective <the
proven elements of the claim>. It is, however, established as a past participle
in the not-guilty verdict in Scots law, "not proven."
purposely, purposefully, purposively. What is done purposely is done on
purpose.
He purposely set the building on fire.
What is done purposefully is done for a particular purpose.
The court purposefully avoided the constitutional question.
What is done purposively is done to serve a useful function though
not as a result of planning.
Over the years, the city purposively controlled the flow of north-south
traffic.
pursuant to. Write under.
question as to whether, question of whether. Write question whether.
raise, raze, rise. Raise means to elevate, to lift. Raze means to tear down while
rise
is to get up.
reason…. is because. This wording is verbose and incorrect: Because and reason
each imply the sense of the other. The best solution is usually to strike out
reason and is.
Poor
The reason such matters are not material and need not be disclosed is
because public disclosure of tentative, indefinite, and contingent facts would
itself be misleading.
Better
Such matters are not material and need not be disclosed because public
disclosure of tentative, indefinite, and contingent facts would itself be
misleading.
If you must stay with the reason . ... is formula, follow with that rather
than because.
refer back. A venial redundancy; refer alone is almost always sufficient.
refute. This is not synonymous with deny, rebut, or contradict. It means "to
disprove
or overcome conclusively."
reglementary. So spelled. Not reglamentary. Kailanman, hindi nireregla ang batas.
The word "regla" was used to refer to some Spanish laws like "Regla 27,
articulo 10" meaning Rule 27, article 10. (See Villegas v. Roldan and
Almario, 76 Phil. 351)
reluctant and reticent. If your witness is reluctant to testify, she is unwilling or
will
grudgingly consent. That she is reticent, however, means she does not reveal
her feelings readily.
remand back. Drop the second word.
repeat again. Unless you mean "to repeat a second time" (i.e., do it a third time),
this is a redundancy.
respect. Replace the phrases with respect to and in respect of with simpler
expressions, such as single prepositions.
Poor
The issue with respect to liability is whether the defendant intended to harm
the plaintiff.
Better
The issue of liability depends on whether the defendant intended to harm the
plaintiff.
Better Yet
The defendant's liability depends on whether he intended to harm the
plaintiff.
respective(ly). Often unnecessary.
Poor
Each shareholder is then to be paid his or her respective share of the
dividends.
Better
Each shareholder is then to be paid his or her share of the
Never use the word respective or respectively without first
determining whether the sentence says the same thing without it.
Poor
Justice O' Connor and Justice Scalia respectively filed concurrences.
Better
Justice O' Connor and Justice Scalia [both] filed concurrences.
riches. Always plural and takes a plural verb.
Example:
The riches of life are not always monetary.
role, rule and roll. Role is part, function, rule is to govern, and roll is to turn.
rule and hold. Rule differs from holding in that a judge rules on motions and
 objections to evidence. On the other hand, though, he holds in favor of the
plaintiff or defendant.
said, adj. The most baneful word in legaldegook, said should always be avoided
when it would merely displace the, that, this, or any other such pointing
word. Does anyone believe that the following passage has become more
precise because of the pervasiveness of said?
A considerable number of persons were attracted to said square by
said meeting, and said bombs and other fireworks which were being
exploded there. A portion of the center of the square about 40 to 60
feet was roped off by the police of said Chelsea, and said bombs or
shells were fired off within the space so enclosed, and no spectators
were allowed to be within said inclosure. The plaintiffs were lawfully
in said highway at the time of the explosion of said mortar, and near
said ropes, and were in the exercise of due care.
same. Do not use as a pronoun. Legal writers are guilty of the misuse of same.
Example:
Wrong: Finding the motion to be meritorious, the same is hereby granted.
Right: The motion is granted since it is meritorious.
several, each and some. It is not always clear whether words like several, each and
some are singular or plural. Such words fall into three categories. Words like
several, few, both and many are always plural.
Examples:
Many of the paintings have been damaged.
Several are ruined.
Words like each, either, neither, anyone and everybody are always
singular.
Examples:
Everybody is waiting.
Each of the team has arrived.
A third group of words like some, any, rest, part, all and most, may be
either singular or plural, depending on the meaning of the sentence.
Example: Some of the houses were still unpainted.
shear and sheer. Shear is to cut off while sheer is very thin or transparent.
sit, set. The verb sit means to assume a sitting position or to occupy a seat. The
verb
set means to place, to put something in position, to make rigid, solid or stiff.
state and say. State is not an automatic synonym for say, but means "to express
concisely and fully." Judges do not all have to state. Some say, observe,
notice, opine.
struck; stricken. The preferred past participle is struck.
 The objectionable remarks were struck from the record.
Stricken should be confined to the sense "afflicted with" <a community
stricken with AIDS>. Stricken is also used as an adjective.
her stricken remarks
their stricken faces
subsequent to. Use after.
such. Properly used to mean "of this kind" «such an appeal», such is deplorable as
a
substitute for this or these or the «such appeal>. Sir Frederick Pollock tried
unsuccessfully to "choke off" this bit of legalese during the last century; may
we finally succeed where he failed.
tact and tack. Tact is a sense of propriety while tack is a course of one action.
that. Use only one that to introduce a single clause. A common error is the use of a
second that when a phrase or clause intervenes between that and the clause it
introduces.
Example:
I hope that when you have reconsidered the matter, you will cooperate (not
that you will cooperate).
The truth is ... The fact is . .. A bad beginning for a sentence. If you feel you are
possessed of the truth, or of the fact, simply ora state it. Do not give it
advance billing.
track, truck and tract. Track is a path or course, truck is a motor vehicle while
tract
is a stretch of land or it could also refer to novo a system of body organs.
try and, try to. The correct idiom is try to. However, try and is in everyday use and
has been for a century.
trustee and trusty. Trustee is one entrusted with something while trusty is a
convict
allowed special privileges.
unbeknown(st). Unbeknown is the better form.
unique. Reserve this word for what is one of a kind. The loose dour usage is to
write
unique when you mean merely interesting or doue unusual or novel. You
should not say "most unique,' » "more unique" or "very unique." Reason:
Unique is not comparable. It means the only one of its kind.
unpractical, impractical, impracticable. The first two of these o a terms are
interchangeable, although impractical is considered by some writers as being
more formal. Impracticable means not capable of being carried out, used or
managed.
unsatisfied, dissatisfied. Unsatisfied means not content and wanting more.
 Dissatisfied means unhappy.
used to, used to could. In the phrase used to, the d is often elided in speaking so
that
it sounds like use to. In writing, the d must be included. Used to could is an
illiteracy; write used to be able.
utterly. Omit this word because it weakens the statement rather than strengthening
it. Just simply say: "The plaintiff's statement is false."
vacate, vacation. As used in law, vacate means to annul or to make void. Vacation
is away from work for leisure. However, sometimes, "vacation" can be used
in a sentence in law.
Example:
The respondent, National Labor Union prays for the vacation of the
judgment. (Ang Tibay v. CIR, 62 Phil. 635)
viable, workable. The word originally meant "capable of living: able to maintain a
separate existence" <a viable fetus> and was extended to figurative uses in
reference to immaterial objects or concepts. Workable means practicable,
capable of working or succeeding.
Example:
The doctrine cannot breath life into a lawsuit that is not otherwise viable.
Avoid using the word as a synonym for feasible or practicable.
viz. Use namely.
waive and wave. Waive is to give up voluntarily while wave is to motion with the
hands.
whereas. This word, used again and again in the recitals of a contract, is the
archetypal legalism. Banish it from contracts: Use straightforward, complete
sentences instead. In its literary sense, as a near-synonym of although, or but
by contrast, the word is entirely acceptable.
whether [or not]. Usually, whether suffices without or not.
while. The word may be used for although or whereas, despite what purists
contend
about its inherent temporality. While is, however, the more relaxed and
conversational term.
who and which. If your antecedent is inanimate (nonhuman), use that or which as
a
pronoun. If the antecedent is a person, use who. The question becomes more
complicated when you are referring to the agency (client group) as a whole,
use which; if the people within the agency are the center of your sentence
or its intent, use who and whom.
-wise. Make it one of your basic tenets not to use this suffix, with or without
hyphens,
 in newfangled combinations such as taxwise, costwise, liability-wise.
Established words such as clockwise, lengthwise, and likewise are perfectly
acceptable.
withal. Now a useless archaism.
you know. This is a tiresomely overused expression, a conversational filler that
really adds nothing to most statements. It is sometimes referred to as
"nothing words."