FUNDAMENTAL RULES OF USAGE | Grammar and Syntax

1. Use the active voice.

If the subject performs the action of the verb, the sentence is active; if the subject is the
recipient of the action, then it is passive.

Passive Active
The judgment was reversed by the court. The court reversed the judgment.

The interest could have been conveyed by her She could have conveyed the interest to the
to the defendant. defendant.

It is not found that defendant was motivated The court does not find that the defendant
by an intent to destroy the value of plaintiff’s intended to destroy the value of plaintiff’s
interest in the promissory note, as is alleged in interest in the promissory note, as the
the complaint. complaint alleges.

Prefer the passive when the actor or agent is immaterial.

The prisoner is to be executed at midnight. (No reason to mention who pulls the switch)

Several other books on the same subject were published that year. (No reason to name the
publishers)

Remember: by consistently using the active voice, you animate your style. But use the passive
voice whenever you decide that the active would undesirably shift your emphasis or alter
what you want to say.

2. Put pronouns in their proper case and number.

Personal pronouns take different forms as subject and object, and as singular and plural. The
pronoun he becomes him as object, who becomes whom, and so on.

Jerry had dinner with Charles and me.

There were differences between him and me.
The tortfeasor, the court found, was he.
We judges are to decide real cases, not hypothetical ones.
Assign this case to whoever needs more work.

Not this: But this:

We need to confer with whomever worked on
this project and then have he or she draft a
motion for summary judgment.
We need to confer with whoever worked on
this project and then have him or her draft a
motion for summary judgment. [Whoever is
the subject of worked; the phrase him or her is
the compound object of have.]

Finally, the fault is said to lie in part with we Finally, the fault is said to lie in part with us
“eccentric professors.” “eccentric professors.” [Us because the
pronoun acts as object of the preposition
with.]

Reserve the reflexive pronoun myself exclusively for reflexive or intensive uses.

Not this: But this:

All press inquiries should be directed to Diane All press inquiries should be directed to Diane
or myself. or me.

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 My husband and myself are delighted to be My husband and I are delighted to be here.
here.

Traditionally, words such as either, everybody, anybody, neither, nobody, and someone have acted
as singular antecedents calling for he (or she).

Everybody here thinks he could give a rousing jury argument.

Neither a corporate lawyer nor a litigator should overlook the importance of properly maintaining
his files.

Nobody would argue that his demeanor does not affect the judge’s attitude toward him.

3. Make the verb agree in number with its subject.

A simple rule: plural subjects take plural verbs, and singular subjects take singular verbs.

Not this: But this:

This problem is also declining in importance as This problem is also declining in importance as
the language of statutes are modernized. the language of statutes is modernized. [The
subject is the word language, not statutes.]

At first, the difference between McCormick
and Wigmore—or between McCormick and
any of the other writers mentioned here—are
a bit startling.
At first, the difference between McCormick
and Wigmore—or between McCormick and
any of the other writers mentioned here—is a
bit startling. [The subject is difference, not
some compound of McCormick, Wigmore, and
other writers.]

The appellate judge’s immediate audience are The appellate judge’s immediate audience is his
his colleagues who sat with him when an colleagues who sat with him when an appeal
appeal was argued. was argued.

4. Anchor modifiers to what they modify.

A participial phrase should be tied to the grammatical subject, which should appear
unmistakably just before or after the phrase. A participle is misplaced when it appears to
modify the wrong word. A participle “dangles” when the word it should modify does not
appear in the sentence; in effect, the participle tries to sever its relationship with the noun
and thus to become a preposition.

Misplaced:
Gnawing on the slipper, the man scolded the dog. (Grammatically, the sentence says that the man
is doing the gnawing.)

Dangling:
Watching the river, the manikin was spotted floating near the bank. (The participle “dangles”
because the people watching the river do not appear in the sentence.)

Not this: But this:

Finding no error, the judgment of the trial court Finding no error, we affirm the judgment of the
is affirmed. (Dangling participle) trial court.

Applying those principles to the facts of this If we apply those principles to the facts of this
case, it is clear that the plaintiffs cannot case, it is clear that the plaintiffs cannot
recover. (Dangling participle) recover.

A few words that are technically danglers are now accepted as prepositions by virtue of long-
standing usage:

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 Barring any unforeseen change in the evidence, the defendant ought to prevail in her claim of
adverse possession.

Considering the sentiments expressed by several powerful legislators, the legislation will probably
pass.

Judging from the public outcry, the legislators must feel a great deal of pressure to take a stand on
the issue.

Regarding the issue of criminal intent, there is insufficient evidence for the court to find that it
existed here.

Other acceptable danglers are according, concerning, owing (to), respecting, speaking, and taking
(usually account of, into account).

“Squinting modifiers” appear ambiguously between two sentence elements, either of which
might be modified.

That the court neglected this issue completely undermines the authority of its ruling. (Completely
might refer either to neglected or to undermines.)

5. Split infinitives warily, if at all.

An infinitive is the tenseless form of a verb preceded by to, as in to reverse or to modify. You
split the infinitive when you place one or more words between to and the verb, as in to
summarily reverse or to unwisely modify.

Most split infinitives should be avoided.

Not this: But this:

It is not necessary to here enlarge upon this It is not necessary here to enlarge upon this
point. point.

Or:

It is not necessary to enlarge upon this point

here.

He hopes to more than double his profits in the He hopes that his profits will more than
next three quarters. double in the next three quarters.

However, justified splits are not uncommon. Sometimes, natural phrasing requires a split
infinitive.

The majority improperly places on the appellees the burden to affirmatively establish the existence
of a statutory exception.

The statute prohibits supplying others with the necessary information and documents to falsely
claim their income as tax-exempt.

6. Don’t be afraid to begin a sentence with And or But.

Even in the most formal prose, you may use And or But to begin a sentence.

Courts proceed step by step. And we now have to consider whether the cautious statement in
the former case marked the limit of the law… (Johnson v. United States, 228 U.S. 457, 458 (1913) (per
Holmes, J..)

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 But to many people the superfluous is necessary, and it seems to me that Government does not
go beyond its sphere in attempting to make life livable for them. (Tyson & Brother v. Banton, 273
U.S. 418, 447 (1927) (Holmes, J,. dissenting.)

7. End sentences with prepositions when you need to.

There are four main types of situation in which it is more natural to end a sentence or clause
with a proposition.

 Passive structures: She enjoys being fussed over.

 Relative clauses: They must be convinced of the commitment that they are taking on.
 Infinitive structures: Tom had no one to play with.
 Questions beginning with who, where, what, etc.: What music are you interested in?

8. Use conditional sentences instead of provisos.

Not this: But this:

No person who has attained the age of 16
years may apply for a driver’s license, provided
that, if any such person who has attained the
age of 14 years demonstrates to the Highway
Department that not having a license will
create a genuine hardship, such person shall be
eligible to apply.
A person 16 years of age or older may apply
for a driver’s license. If a person 14 or 15 years
old wishes to apply, he or she must
demonstrate to the Highway Department that
not having a driver’s license will create a
genuine hardship.
Or:

A person 16 years of age or older may apply

for a driver’s license. A person 14 or 15 years
old is also eligible to apply, but only upon
demonstrating to the Highway Department
that not having a driver’s license will create a
genuine hardship.

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