Common Grammatical and Style Problems
Collective nouns require singular verbs when the group is functioning as a unit. When individual members of the group are acting independently, a plural verb is used. If a sentence seems awkward, then insert the words "members of" before the collective noun and use the plural verb. Some common examples of collective nouns are:
court | The court is not in session today. The members of the court are in conference. |
majority | The majority states that the assignment of error was not preserved for review. The author of the majority is mistaken on that issue. |
jury | The jury has adjourned for the day. The members of the jury have adjourned for the day. |
council | The Council on Court Procedures has adopted new rules. The members of the council have adopted new rules. |
Sentence parts must match if a sentence is to make logical sense. Therefore, pa rts of a sentence that are parallel in meaning are parallel in structure.
Incorrect: | The court held that the taxpayer was guilty of failing to report income, claiming fraudulent deductions, and in the treatment of ordinary income as capital gain. |
Correct: | The court held that the taxpayer was guilty of failing to report income, claiming fraudulent deductions, and treating ordinary income as capital gain. |
Avoid using the passive voice whenever possible. The passive voice can create ambiguity about who is doing the acting in a sentence. See State ex rel Click v. Brownhill, 331 Or 500, 509, 15 P3d 990 (2000) (Durham, J., concurring) (ambiguity in statute arose because of the use of the phrase "shall not be used" through use of passive voice, legislature failed to identify who "shall not use"). See also discussion of Active Voice, page 107.
Ringo Starr argued the cause for the appellant. With him on the brief was The Beatles LLP.
Mick Jagger argued the cause for respondent. With him on the brief were Keith Richards and the Rolling Stones, PC.
When referring to an action completed before another past time, the past perfect tense is used.
Incorrect: | Petitioner testified at the post-conviction hearing that he asked his trial lawyer to investigate his alibi defense. |
Correct: | Petitioner testified at the post-conviction hearing that he had asked his trial lawyer to investigate his alibi defense. |
NOTE: Depending on context, past-perfect tense might not be necessary. For example, if describing testimony, the point is to describe an event that happened in the past, not that the event happened in the past relative to some other time. For example, "John testified that the light was green.
For a much more complete explanation of the proper use of the subjunctive, see Garner, A Dictionary of Modern American Usage. One situation in which the subjunctive is generally correct is to express a condition that is contrary to fact or hypothetical:
If Mary were queen of the world, then everyone would want to obey her.
If the court were to take notice of defendant's arguments, then it would ignore long-standing principles of preservation.
Not every "if" clause takes the subjunctive, however:
If defendant was a resident of Oregon in 1999, then he must pay taxes for that year.
In the active voice, the subject of a sentence or clause performs the action of the verb. In the passive voice, the subject of a sentence or clause is not the actor. Generally, the passive voice is wordier and may be vague. The active voice is clearer and stronger and tells who did what to whom. See also page 105.
Active: | I missed the deadline. |
Passive: | The deadline was missed |
Gender-neutral terms are preferred, and gender-based pronouns are avoided except when referring to a specific person. Use "he or she" only when all other constructions fail.
For example, use
letter carrier, not mailman | worker, not workman |
flight attendant, not stewardess | sales clerk, not salesman |
An appellate opinion is a formal document. Its content reflects that formality. For example, instead of using the word "said" or "says," use the word "states" or "stated" (or any of the words listed below depending on the context of the sentence):
adds | emphasizes | observes |
argues | establishes | opines |
compares | explains | points out |
concludes | finds | posits |
continues | insists | proposes |
declares | maintains | suggests |
disagrees | notes | thinks |
When using technical terms or terms of art, explain those terms.