It’s is always it is. Use its when you
are showing the possessive. Garner
offers this simple tip: “When you see
the apostrophe, think it is to make
sure that it’s is the right form.” If it’s
isn’t the right form, use its. 16
17. The first-person pronoun makes
this confusing. If it were Luke and
Beth’s wedding, this one would be
easy. Test the right usage by break-
ing up the compound subject. You
would write Luke’s wedding and my
wedding, so Luke’s and my wedding
is correct. All of these construc-
tions do seem awkward, though, so
I don’t blame you if you chose D. In
such a case, opt for a complete re-
write even if you’re grammatically
on point. For example, write, The
day I married Luke was the best day
of my life. 17
18. A is correct here. Writers imply “a
subtle meaning without explicitly
stating it.” 18 Use imply when you
are talking about something a writ-
er is doing and infer when you are
referring to a reader “reading be-
tween the lines.” 19
19. The difference between affect and
effect is a source of confusion ev-
erywhere. Just remember this: “to
affect something is to have an ef-
fect on it.” 20 If you are looking for
a verb, it’s usually affect. If you’re
looking for a noun, it’s usually ef-
fect. The problem is in the excep-
tions. Effect can be a verb mean-
ing “to bring about.” For example,
the best way to effect change is to
vote. Affect can be a verb meaning
“to put airs on” or a noun meaning
“emotional response.” 21 For exam-
ple, her affect was very flat after the
Torts exam.
20. Concrete subjects help readers. Try
to make your subject something
concrete that your reader can vi-
sualize. To help you find the con-
crete subject, ask yourself “Who or
what is doing something in this sen-
tence.” 22 Then make that person or
thing the subject. In question 20, “a
knowledge” is very abstract. Who
is doing something in this sentence?
The members of the bar, thus A is
the correct answer. You can rewrite
as follows: Member of the bar must
know correct trial procedure. If you
picked C, you get partial credit.
There are many pronouns in C, in-
cluding the ugliest of pronouns, of.
You can easily rewrite 20 to get rid
of some of those pronouns. B and D
are wrong because there is no pas-
sive voice or nominalization.
www.vtbar.org
From all of us in the Legal Writing Pro-
gram at Vermont Law School, best wishes
for perfect grammar and punctuation in
2017!
____________________
Beth McCormack, Esq., is the Depu-
ty Vice Dean for Academic Affairs and a
Professor of Law at Vermont Law School,
where she teaches Legal Writing and Ap-
pellate Advocacy. Prior to joining the fac-
ulty at VLS, she practiced in the litigation
department of the Boston law firm Mintz,
Levin, Cohn, Ferris, Glovsky and Popeo,
P.C.
____________________
16.
I know this question is about citation rather
than grammar and punctuation, but I couldn’t
help myself. See Beth McCormack, Making your
Writing out of Cite: Using the Bluebook to Im-
prove your Writing and your Credibility, 41 Vt.
Bar J. 30 (Winter 2016).
2
This test won’t work if you have the implied
form of the verb to be. But we’ll worry about
that in 2017.
3
Bryan A. Garner, The Redbook 12 (2d ed.
2002).
4
Id.
5
Id. at 15.
6
Id.
7
See The Bluebook: A Uniform System of Cita-
tion R. 1.2(a), at 58 (Columbia Law Review Ass’n
et al. eds., 20th ed. 2015); see also McCormack
supra note 1.
8
Helen Sword, Opinion, Zombie Nouns, N.Y
Times., July 23, 2012.
9
Garner supra note 3 at 22-23.
10
Id. at 165.
11
Garner supra note 3 at 110.
12
Bryan A. Garner, Legal Writing in Plain English
33 (2d ed. 2011).
13
Id. at 34.
14
But see Greg Johnson, Welcome to our Gen-
der Neutral Future, 42 Vt. Bar J. 36 (Fall 2016)
(arguing for the use of the singular they).
15
See generally Laurel Currie Oates & Anne
Enquist, The Legal Writing Handbook 687-688
(2014).
16
Garner supra note 3 at 251.
17
See generally The Chicago Manual of Style
Online, http://www.chicagomanualofstyle.org/
qanda/data/faq/topics/PossessivesandAttribu-
tives.html?page=3 (last visited Dec. 9, 2016).
18
Id. at 247.
19
Id.
20
Id.
21
Id. at 215.
22
Oates & Enquist supra note 15 at 593-94.
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THE VERMONT BAR JOURNAL • WINTER 2016-17
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