WRITING MANUAL - Supreme Court - State of Ohio

SECTION SIXTEEN: COMMONLY MISUSED WORDS
AND PHRASES
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The following list contains words and phrases that legal writers often confuse and misuse.
In general, the list identifies concrete rules for legal usage. In some instances, however,
where a particular use is debatable, but legal writing experts appear to have reached a
consensus on a preferred use, the entry indicates that a particular use is preferred. The
Reporter’s Office generally will follow these preferred usages.
The primary sources for the definitions in the entries are Merriam-Webster’s Collegiate
Dictionary (11th Ed.2003) and Webster’s New International Dictionary (1986). The
primary sources for rules of usage are Garner, A Dictionary of Modern Legal Usage (2d
Ed.1995), Garner, The Elements of Legal Style (2d Ed.2002), and Strunk & White, The
Elements of Style (4th Ed.2000).
COMMONLY MISUSED WORDS AND PHRASES
1. Above; above-cited; above-mentioned; above-quoted, etc. In
general, avoid these designations and use more specific references, e.g.,
the case or the court being referred to.
2. Accord; accordance. In accord means in agreement. For example,
“Our holding is in accord with the holdings of other courts in Ohio.” In
accordance means in conformity or compliance with. For example,
“The officer conducted her search in accordance with constitutional
standards.”
3. Adduce; deduce; educe. Adduce means to offer as proof. For example,
“The state failed to adduce evidence of prior calculation and design.”
Deduce means to infer. For example, “The indictment was adequate for
the defendant to deduce information necessary for his defense.” Educe
means to draw out. For example, “It was proper for trial counsel, on
direct examination, to educe the defendant’s complete account of what
occurred.”
4. Affect; effect. Affect as a verb means to influence or act on. For
example, “Her attempts to affect the legislative process were
unsuccessful.” “The wound affected his ability to walk.” Effect as a
noun means result. For example, “The legislation had the desired
effect.” Used as a verb, effect means to achieve or bring about. For
example, “The mediator sought to effect a settlement.”
5. Afterward; afterwards. Afterward is preferred.
The Supreme Court of Ohio 115 Writing Manual