WRITING MANUAL - Supreme Court - State of Ohio

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COMMONLY MISUSED WORDS AND PHRASES (CONT.) 41. Remand; remand back. Use remand alone. For example, “We remand this case to the trial court for a new hearing.” The issuance of a writ of mandamus to an agency does not constitute a remand to the agency. 42. Respective. Respective means separate or particular. It is often an unnecessary adjective and may be deleted. For example, “The parties argued their positions,” not “their respective positions.” 43. Said; the said. Avoid referring to an object, person, or idea as the said object, person, or idea. Use more specific references, such as the, that, or this. 44. Saving clause; savings clause. Use saving clause, not savings clause. For example, “Both federal acts contain broad saving clauses that preserve rights and remedies existing outside the securities arena.” 45. Scenario. Scenario refers to imagined events. It is not synonymous with situation. 46. Survival action; survivorship. An estate pursues a survival action to recover for the decedent’s pain and suffering before death and for other associated losses. Survivorship is a right that arises by virtue of a person having survived another person with a joint interest in property. 47. That; which. Use that to introduce an adjective clause containing essential information about the preceding noun, i.e., a clause that cannot be eliminated without changing the meaning of the sentence. For example, “A business that violates environmental laws should be punished.” Use which to introduce clauses containing supplemental information, i.e., clauses that are set off by commas and could be eliminated without changing the meaning of the sentence. For example, “The business, which violated environmental laws, should be punished.” 48. Tortious; tortuous; torturous. Tortious means involving a tort. For example, “Plaintiffs complained about defendants’ tortious conduct.” Tortuous means marked by repeated twists or turns. For example, “The court found that defendant’s tortuous explanation of his whereabouts lacked credibility.” Torturous means causing torture. 49. Toward; towards. Toward is preferred. 50. Upon. Generally, use on instead. The Supreme Court of Ohio 120 Writing Manual
COMMONLY MISUSED WORDS AND PHRASES (CONT.) 51. Verbal; oral. Verbal refers broadly to words, written or spoken: “The student’s essay amply demonstrated her verbal skills.” Oral is narrower and means spoken. For example, “The parties had an oral agreement to settle the case.” 52. Verbiage. Verbiage means an excess of words with little value. 53. Whether; whether or not. Use whether alone. For example, “The trial court had discretion to determine whether the defendant was telling the truth.” An exception applies when the whether clause is an adverb. For example, “The judge had decided in advance to disbelieve the defendant, whether or not the defendant was telling the truth.” The Supreme Court of Ohio 121 Writing Manual
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The Supreme Court of Ohio WRITING M
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The Supreme Court of Ohio Style Man
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1.6. Foreign Cases... .............
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A. Style ..........................
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SECTION FOURTEEN: THE CASE CAPTION
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The Supreme Court of Ohio viii Writ
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The Supreme Court of Ohio x Writing
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The Supreme Court of Ohio 2 Writing
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The Supreme Court of Ohio 4 Writing
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HOW TO CITE SUPREME COURT OF OHIO C
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OHIO APPELLATE DISTRICTS MAP The Su
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HOW TO CITE OHIO COURTS OF APPEALS
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In citations of trial court opinion
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HOW TO CITE SUPREME COURT OF OHIO C
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c. Non-print published cases with n
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c. Non-print published cases with n
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ABBREVIATIONS FOR REPORTERS OF OHIO
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NOTE: For cases decided on or after
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B. Federal circuit court cases In c
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In citations of federal district co
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B. Non-print published For out-of-s
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ABBREVIATIONS FOR OUT-OF-STATE REPO
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ABBREVIATIONS FOR WEST’S REGIONAL
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The Supreme Court of Ohio 38 Writin
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2.2. United States Constitution. Wh
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HOW TO CITE OHIO STATUTES (CONT.) G
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3.4. Out-of-State Statutes. When ci
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RULE NAMES AND THEIR ABBREVIATIONS
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4.5. Federal Regulations. Cite fede
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HOW TO CITE TEXTS, TREATISES, AND D
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HOW TO CITE LAW REVIEWS (CONT.) Pou
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HOW TO CITE ENCYCLOPEDIAS (CONT.) 1
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HOW TO USE SHORT-FORM CITATIONS WIT
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HOW TO USE SHORT-FORM CITATIONS FOR
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HOW TO USE COMMON SIGNALS See Haver
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HOW TO USE SEE ALSO Because M.B.’
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HOW TO USE BUT SEE While courts hav
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Page 130 and 131: COMMONLY MISUSED WORDS AND PHRASES
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Page 144 and 145: OUTLINE OF A JUDICIAL OPINION (CONT
Page 146 and 147: Example 1—Civil Case, Single Issu
Page 148 and 149: Conclusion { 10} Because XYZ has de
Page 150 and 151: II. The Incident and Its Aftermath
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Page 154 and 155: Example 3—Civil Case, Multiple Is
Page 156 and 157: her for over four hours, appellants
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Page 162 and 163: Defense Strategies, 000 Trial Tacti
Page 164 and 165: HOW TO WRITE GENERAL DISPOSITIONS (
Page 168 and 169: this matter. I believe that Cicco w
Page 170 and 171: D Dates in text, 91 Dictionaries, 5
Page 172: S Sample judicial opinions, 131-148
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WRITING MANUAL - Supreme Court - State of Ohio

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