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Latest Lessons on: Commonly Confused Words

Commonly Confused Words

Commonly Confused Words: Overstated/Understated

Can your main argument “not be overstated enough?” Or should that be understated? Overstate (verb): Overstate is a verb that means “to describe in an exaggerated way”: “Defendant overstates his claim that no court has ever granted this relief before.” “Can’t be Overstated”: This phrase should be reserved for only

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Commonly Confused Words

Commonly Confused Words: Verbal/Oral/Written

Are oral and written contracts both considered verbal contracts? If so, what’s the difference? Oral (adjective): The adjective oral means “relating to speech or spoken words”: “They made an oral agreement to sell the farm.” Written (adjective): The adjective written means “relating to communications via words on a tangible medium

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Commonly Confused Words

Commonly Confused Words: In accord with/In accordance with

Is your writing style in accordance with accepted legal writing practices? Or is it in accord with these practices? In accordance with: The prepositional phrase in accordance with is used to mean “in compliance with”: “The goods were delivered in accordance with the terms of the contract.” Tip: This phrase

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Commonly Confused Words

Commonly Confused Words: i.e./e.g./such as

Should your clarifying parenthetical use i.e. or e.g.? Does it matter? i.e. (Latin for “id est”): The abbreviation i.e. means “that is” and is used to clarify or rephrase something: “The defendant was found guilty of a serious crime, i.e., first-degree murder, and was sentenced to life in prison.”   e.g.

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Commonly Confused Words

Commonly Confused Words: Eminent/Imminent

Must the threat of harm be imminent or eminent for a plaintiff to have pre-enforcement standing? Uses of Imminent: Imminent (adjective): Imminent is an adjective that refers to something about to happen very soon: “After their curt response to the cease-and-desist letter, a lawsuit was imminent.” Uses of Eminent: Eminent

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Commonly Confused Words

Commonly Confused Words: Alternate/Alternative

Do you offer an alternate point, or an alternative point? Uses of Alternate: Alternate (verb): When used as a verb, alternate means “to take turns”: “The two new associates alternate doing doc review.” Alternate (adjective): When used as an adjective, alternate means “every other”: “He attends Barry’s Bootcamp on alternate

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Commonly Confused Words

Commonly Confused Words: Disinterested/Uninterested

If you don’t care about a case outcome, are you disinterested or uninterested? Disinterested (adjective): Disinterested is an adjective that describes someone who is neutral, objective, and impartial: “The judge remained disinterested throughout the trial.” Uninterested (adjective): Uninterested is an adjective that describes someone who lacks interest, curiosity, or enthusiasm:

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Commonly Confused Words

Commonly Confused Words: Principle/Principal

Are the principles of the constitutional interpretation clear? Or would that be constitutional principals? Uses of Principle: Principle (noun): A principle is a noun that refers to a philosophical truth or guiding belief: “The judge adheres to high moral principles.” Principled (adjective): When used as an adjective, principled implies someone

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Commonly Confused Words

Commonly Confused Words: Historic/Historical

Is the American Revolution a historic or a historical event (or both)? Historic (adjective): Historic is an adjective that is used to describe a significant or influential event from history: “The signing of the Declaration of Independence was a historic event.” Historical (adjective): Historical is an adjective that is used

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