court reporting: bad grammar/ good punctuation · 7/27/2015 9-9-03 1 margieholdscourt.com all...

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7/27/2015 9-9-03 1 margieholdscourt.com all rights reserved Court Reporting: Bad Grammar/ Good Punctuation © margieholdscourt.com all rights reserved margieholdscourt.com all rights reserved 3 margieholdscourt.com all rights reserved 4 margieholdscourt.com all rights reserved I have already sent it, sir. It is dated September 22, 2014. We were on our way to Provo, Utah. 5 margieholdscourt.com all rights reserved 6 No part of this material may be reproduced in any manner whatsoever without the express written consent of Margie Wakeman Wells. All rights reserved.

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Page 1: Court Reporting: Bad Grammar/ Good Punctuation · 7/27/2015 9-9-03 1 margieholdscourt.com all rights reserved Court Reporting: Bad Grammar/ Good Punctuation© margieholdscourt.com

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Court Reporting:Bad Grammar/

Good Punctuation©

margieholdscourt.comall rights reserved

margieholdscourt.comall rights reserved 3

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I have already sent it, sir.

It is dated September 22, 2014.

We were on our way to Provo, Utah.

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All rights reserved.

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I have already sent it, sir, to all of the

people that are involved.

It is dated September 22, 2014, and

was mailed that very day.

We were on our way to Provo, Utah,

to visit family.

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Putting commas around an element

simply means, at the most basic

level, that it could be removed from

the sentence and that there would

still be a sentence.

Discussion

9

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Show that to us, Counsel, so that I

am sure of what you are saying.

He was derelict, in my judgment, in

fulfilling his duty.

She was interested, I believe, in the

truth.

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A pair of commas does not mean

that the element is “nonessential” or

that it is a “parenthetical.” Though

these terms might apply, they are

not the only reason to surround

something with commas.

Discussion

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It took place in Springfield, Illinois,

and not in Springfield, Ohio, on the

15th of last month.

The information was in the July 19,

2012, letter and not in the July 19,

2013, letter.

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Your Honor, I am asking that you

grant us a continuance.

I am asking that you grant us a

continuance, Your Honor.

I am asking that you grant us a

continuance, Your Honor, so that I

might investigate this new evidence.

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However, I had spoken with him

about the incident.

I had spoken with him about the

incident, however.

I had spoken with him about the

incident, however, before I knew the

full story.

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He walked somewhat gingerly, on

his sore leg.

He walked, somewhat gingerly, on his

sore leg.

He walked somewhat gingerly on his

sore leg.

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He walked later in the evening, to

the liquor store to buy a bottle.

He walked, later in the evening, to

the liquor store to buy a bottle.

He walked later in the evening to the

liquor store to buy a bottle.

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They were involved in case you don’t

know, in another accident.

They were involved, in case you don’t

know, in another accident.

They were involved in case you don’t

know in another accident.

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Are you saying nevertheless, that

you intend to file that report?

Are you saying, nevertheless, that

you intend to file that report?

Are you saying nevertheless that you

intend to file that report?

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I did not have the chance to speak

with him when I arrived that night.

When I arrived that night, I did not

have the chance to speak with him.

I did not have the chance, when I

arrived that night, to speak with him.

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She was unemployed at the time of

the incident we are discussing.

At the time of the incident we are

discussing, she was unemployed.

She was, at the time of the incident

we are discussing, unemployed.

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Now I want to talk about the 10th.

Now, I want to talk about the 10th.

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We were therefore very much

disgusted with their attitude.

We were, therefore, very much

disgusted with their attitude.

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It was obviously an error on his part.

It was, obviously, an error on his

part.

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And again I was confronted with a

very difficult choice.

And, again, I was confronted with a

very difficult choice.

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She had to have the test, too.

She had to have the test too.

He was a suspect, also.

He was a suspect also.

Bacteria was found there as well.

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We moved there in June, 2012.

We moved there in June 2012.

September, 2004, is the year the

twins were born.

September 2004 is the year the twins

were born.

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I work for I.B.M.

I work for IBM.

He needs ten CEU’s by June.

She needs ten CEUs by June.

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I spoke with Jack Macdonald, Jr.

I spoke with Jack Macdonald Jr.

Joseph Ray, Sr., spoke to her.

Joseph Ray Sr. spoke to her.

She married Hamilton Brown III.

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Put a period after a grammatically

complete sentence that makes a

statement or issues a command.

Rule

36

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Her plan does not include health

benefits. I could not use it.

I had very little to do with what

happened later. That’s it.

He expected me to finish it. I didn’t.

I cannot be there. I am sorry.

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Leave now. You may still make it for

the last train.

Hand me the piece of paper from

there on the table. It is Exhibit 1.

Send it via email. I will check for it.

Have it delivered. Thank you.

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Definition

A run-on is the combination of two

sentences that do not have a

conjunction between them but that

are punctuated with a comma or

with nothing at all.

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Ray got into the work early in the

day, Joe did not.

Ray got into the work early in the

day. Joe did not.

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I did not hear what you said, I’m

sorry.

I did not hear what you said. I’m

sorry.

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We left with the understanding it

would be handled, that’s it.

We left with the understanding it

would be handled. That’s it.

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We do not need it at this point

thank you.

We do not need it at this point. Thank

you.

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Definition

A “polite request” is a sentence

that asks for action or information.

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A polite request can never be

answered with a simple “yes” or

“no.” These are simply not

responsive to the request.

Discussion

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A polite request correctly begins

with “will” or “would.”

Discussion

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Put a period after a polite request.

Rule

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Q Would you turn to page 5 of the

report that you have there.

Q Will you tell me the names and

ages of your children.

Q Would you please take a seat in

the witness stand.

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Q Would you state your name for

the record, please.

A No. I cannot do that.

Q Would you please hand me the

file that is marked “Debits.”

A No. I am not in the mood.

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Q Will you state your name for the

record, please.

A Okay.

Q Would you please hand me the

file that is marked “Debits.”

A I’d be happy to.

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Q Will you explain how it

happened that you were there.

A She had arrived early and had

called me to come over.

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Q Can you hand the document you

are holding to your counsel.

Q Could you read the first

paragraph there to yourself.

Q Can you put your initials in the

top corner of the page.

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Q Can you give me the names.

A Jim, Robert, and Martin.

Q Can you give me the names?

A I don’t have a clue who those

people were.

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CAN THERE BE A POLITE REQUEST

TO THE JUDGE?

Q May we have this marked for

identification.

Q May we have this marked for

identification?

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Definition

A “indirect question” always occurs

in a dependent clause and does not

use question word order.

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An indirect question has the “feel” of

a question but simply doesn’t have

the “form” of a true question.

Discussion

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Direct Question

What time did you leave?

Indirect Question

I am asking what time you left.

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Direct Question

When did the surgery take place?

Indirect Question

I am wondering when the surgery

took place.

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Direct Question

How far was it to his office?

Indirect Question

I want to know how far it was to

his office.

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Definition

A “fragment” is an element that

does not stand alone as a complete

grammatical thought.

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…because she is not here…

…on the corner…

…that he was there alone…

…near the base of the skull…

…very late yesterday afternoon…

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Punctuate a fragment that stands

for a complete thought the same

way you would punctuate the

complete thought.

Rule

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Not with him in that car. I was alone.

Eight. There were only eight.

In the back. That’s absolutely true.

I intended to give that to you this

morning. Sorry.

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Q What time was it?

A Around 10:00. We were late.

Q Who was driving?

A Bob. Joe had been drinking.

Q How far away were you standing?

A About 50 feet. I was close.

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Q What day did this happen?

A Friday. I think it was the 5th.

Q Where did you see her?

A At the beach. She was alone.

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Q Were you involved at all?

A Minimally. I did little on that.

Q When did you enter into that?

A The 16th. Maybe it was the 17th.

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Q How far did you travel that day?

A Only a couple of hundred miles.

I was really tired.

Q Where did you stop?

A At a little motel. We were out in

the middle of nowhere.

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Would this be a good time for a

semicolon?

NO!

Discussion

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Q How near to you was it?

A It was no more than ten feet.

Q No more than ten feet.

Did you have a clear view?

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Q Who told you that?

A It was Joe Ross.

Q Joe Ross.

Did you trust him?

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Q What did she indicate?

A She indicated it would be no

later than the 24th.

Q The 24th.

Was that a guaranteed date?

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Q When did you pay the final?

A I think it was in May.

Q In May.

In your mind, was that it?

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Q What about John? Was he there?

Q How about your sister? Did she

help?

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What does the attorney mean when

he uses one of these words?

Q Okay. Did you go to…?

And should we paragraph after

these?

Discussion

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Q Was surgery inevitable?

A It was a definite.

Q Okay. When did you tell him?

Q Were you alone in this?

A I felt alone.

Q All right. Fine. Did you reach…?

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Q I asked you about that Tuesday.

A It was finalized on that Tuesday.

Q Great. Okay. Fine. Were you...?

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Q Who led in sales?

A Mark Johnson. He was always

first.

Q Mark Johnson. Okay. Great.

Did he work from your branch?

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Put a period in front of “okay”

when it comes at the end of a

sentence. Use an interrog or

period after it, depending upon

the intonation used.

Rule

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You say you insisted the doctor run

additional tests. Okay.

I am going to show you several

exhibits that were all marked at the

same time yesterday. Okay?

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Surround “okay” with dashes in

the middle of the sentence if it is

asking a “legitimate” question.

Otherwise, treat it as a

throwaway.

Rule

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You can speak with your attorney --

is that okay? -- before we go on.

She was standing, okay, next to me

and was, okay, acting weird, okay,

and proceeded to start screaming.

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Objection. Asked and answered;

compound, unintelligible.

Objection -- asked and answered,

compound, unintelligible.

Objection: Asked and answered;

compound; unintelligible.

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Objection. Asked and answered;

Compound. Unintelligible.

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When what follows “yes” and “no”

echoes the words of the question,

use a comma.

Rule

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Q Did she call you that night?

A Yes, she did.

A Yes, she called.

Q Was he agitated?

A No, he was not agitated.

A No, he wasn’t.

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When what follows “yes” and “no”

does not echo the words of the

question, use a period.

Rule

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Q Did she call you that night?

A Yes. She asked about the loan.

A Yes. She asked about my mom.

Q Was he agitated?

A No. He was amazingly calm.

A No. He was in control.

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Q Was she in attendance?

A No. But she sent a colleague.

A Yes. Because she was in charge.

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Is this a time when a semicolon

might work?

NO.

Discussion

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Q Did she react well to the news?

A Yes, she did. She embraced her

new position.

A No, she didn’t. She broke down

right away.

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Q Did you see her after she quit?

A We met several times, yes.

A I did not see her at all, no.

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Q Was he visibly upset?

A He reacted rather violently,

yes, and seemed to be over the edge.

A I couldn’t tell, no, that he was

upset in any way.

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Q Did you send the form in?

A I did not have it initially; but,

yes, I did send it eventually.

A She did not give it to me;

and, no, I had no way to send it in

otherwise.

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Rules for “uh-huh” and “huh-uh”

and “yep” and “nope” and any

others are exactly the same as for

“yes” and “no.”

Rule

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Yep, I did accompany her.

She was in surgery by the time I gotthere, uh-huh.

I made every effort; but, unh-unh, we

weren’t able to make that contact.

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Put the question mark where the

question is first asked.

Rule

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Q How many? Do you know?

Q Who helped you? Your brother?

Q How long was it? More than a

month?

Q What did you tell her? The truth

or the lie you had been spreading?

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Q Whom did you see? I am talking

about when you first got there.

Q How long was the surgery? I am

referring to the surgery on the 4th.

Q How much more did you spend?

On your sister, I mean?(.)

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Q Whom did you see? Do you

recall?

Q How long was the surgery? Do

you have an estimate?

Q How much more did you spend?

Do you know?

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Q Whom did you see? Where were

you?

Q How long was the surgery? Did

you follow up?

Q How much more did you spend?

Did you buy everything for her?

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Q Whom did you see? Your

brother?

Q How long was the surgery?

Several hours?

Q How much more did you spend?

More than $100?

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Q Did you eat strawberries?

Q Did you eat blueberries?

Q Did you eat kiwi?

Q Did you eat papaya?

128

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Q Did you eat strawberries?

blueberries?

kiwi?

papaya?

129

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Q Did you eat strawberries?

blueberries? kiwi? papaya?

Q Did you eat strawberries?

Blueberries? Kiwi? Papaya?

130

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Q Was the car you saw red? blue?

gray? brown?

Q What color was the car you saw?

Red? Blue? Gray? Brown?

131

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Q Did you call 9-1-1? your doctor?

the hospital?

Q Which one did you consider

purchasing? The large one? The small

one? One of the others?

132

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Q Who did that work for you? Your

admin assistant? Your clerk? Your

bookkeeper?

Q How did you find out? Who told

you? The doctor?

133

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Definition

A “tag clause” is added to a

sentence that is a statement in

order to turn it into a question.

135

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The only reason to use a tag clause

is to turn a sentence expressed as a

statement into a question.

Discussion

136

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There are two kinds of tag clauses:

those that echo the original

statement

those that use “right,” “true,” or

“correct”

Discussion

137

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When the tag clause echoes the

statement, use commas.

Rule

138

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He was with the company ten years,

wasn’t he?

Her leg was not broken, was it?

They had signed the papers for the

loan, had they not?

I am correct, am I not?

139

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He was with the company ten years,

wasn’t he, when you discovered the

second set of books?

Her leg was not broken, was it, at the

time you examined her?

140

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When the tag clause has its own

subject and verb and comes at the

end of the sentence, use a

semicolon in front of it.

Rule

141

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He was with the company ten years;

is that correct?

Her leg was not broken; is that right?

They had signed the papers for the

loan; isn’t that true?

142

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You testified last Friday in your

deposition that the man you saw was

wearing a brown winter coat that

seemed to be oversized and that he

had his hands in the pockets and that

there was a bulge in the right-side

pocket. Is that correct?

143

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When the tag clause has its own

subject and verb and comes in the

middle of the sentence, use a pair

of dashes around it.

Rule

144

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He was with the company ten years --

is that correct? -- when you

discovered the second set of books?

Her leg was not broken -- is that

right? -- when you examined her?

145

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Punctuate a fragment the same

way that you would punctuate the

grammatically complete sentence

that it stands for.

Rule

146

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He was with the company ten years;

correct?

Her leg was not broken; right?

They had signed the papers for the

loan; true?

147

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Put a period in front of the other

comments that come at the end of

the sentence. Let them stand as

their own question.

Rule

148

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She regularly exceeded 40 hours a

week. Is that fair?

You lived just a block from the beach.

Is that what you are saying?

There were nine children. Is that

what I am to understand?

149

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One Prepositional Phrase

That Just Modifies

151

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When there is one short

prepositional phrase that is a

simple modifier at the

beginning of the sentence, do

not use punctuation after it.

Rule

152

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After our lunch we intended to

inquire about it.

At noon she called to tell us.

During May he left on vacation.

153

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It was set to go into effect on Friday.

On Friday it was set to go into effect.

It was set on Friday to go into effect.

154

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We were at the crucial point in June.

In June we were at the crucial point.

We were in June at the crucial point.

155

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Count the number of words?

I don’t think so.

Discussion

156

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…on a hot day…

…during those preliminary

discussions…

157

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When It Does NOT Just Modify

158

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In 2012, 450,000 cartons were

delivered to the company.

In general, elections were held on

Tuesdays.

For Arthur, Joseph would do

anything.

159

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According to her, there was no one

qualified for the job.

In my opinion, he should be court

martialed.

To his recollection, the money was

not enough.

160

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At any rate, it did not make a

difference.

By the way, how much did they

charge?

On the other hand, it was not a great

fit for me.

161

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Definition

A “parenthetical” is an element

(word, phrase, clause)

that does not impact

the meaning of the sentence.

163

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She was, by the way, also a jerk.

Gee, I haven’t seen her in years.

He just didn’t listen, in my judgment.

Clearly, this is a case of not caring.

It didn’t, however, seem to matter.

164

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A parenthetical can be

moved around within

the sentence.

Discussion

165

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Of course, I intended to speak up.

I, of course, intended to speak up.

I intended, of course, to speak up.

I intended to speak up, of course.

166

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A parenthetical can be dropped

anywhere

into any sentence that we use.

Discussion

167

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Of course, his office was a mess.

Of course, my foot took the hit.

Of course, his attorney called me.

Of course, I applied for the job.

168

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ALWAYS surround a parenthetical

with punctuation.

Rule

169

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She was, by the way, also a jerk.

And, gee, I haven’t seen her in years.

He just didn’t listen, in my judgment.

Clearly, this is a case of not caring.

It didn’t, however, seem to matter.

170

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He was, like, about 15.

They walked, like, you know,

together for, like, three blocks.

He, like, really, you know, was alone.

Therefore, she, you know, was, like,

gee, getting, you know, near, say, 50.

172

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There was really nothing else to do,

secondly.

It was, first, the thing she felt she

had to do.

174

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These were the reasons for the

sequence of events: First, we had to

go there; second, we had…

These were the reasons for the

sequence of events: first, the need to

go there; second, the need to…

175

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She resigned because, one, she was

pregnant and because, two, she was

sick and because, three, she was

going to the doctor.

176

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She resigned because, one, she was

pregnant and, two, she was sick and,

three she was going to the doctor.

177

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…these: Initially, we had to go…

…because, next, she didn’t want to…

…plan; and, lastly, it was not…

…nothing else to do, finally.

178

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that is

i.e.

for example

e.g.

namely

to wit

for instance

in other words

180

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…that day, that is, Friday…

…no one; in other words, she was

alone…

…the office? For example, at work?

…with them -- i.e., Mary, Mark, and

Teresa -- on that Friday…

181

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At the end

with a FRAGMENT after it,

use a pair of commas

around the parenthetical.

Rule

182

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…that month, that is, August…

…her sister, in other words, Jan…

…my company, i.e., Microsoft...

…for that car, for example, for that

Toyota…

183

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At the end

with a SENTENCE after it,

use a semicolon in front of

the parenthetical and

a comma after it.

Rule

184

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…that month; that is, it was August

that we were there.

…her sister; in other words, we saw

Jan that night.

…my company; i.e., Microsoft has

joined in the effort.

185

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At the end

with a LIST after it,

use a colon in front of

the parenthetical and

a comma after it.

Rule

186

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…several months: for example, June,

September, and November.

…her siblings: in other words, Joan,

Jeanine, Jack, and Jerry.

…all three bases: that is, first,

second, and third.

187

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After a question,

use a question mark

in front of the parenthetical

and a comma after it.

Rule

188

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Did you talk to him when he arrived?

That is, when he came in from the

trip.(?)

Who helped with the work? In other

words, did the financials.(?)

Who was standing there? For

instance, your boss.(?)

189

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At the end,

when the sentence has concluded

and the parenthetical renames the

subject,

use a dash in front of the

parenthetical

and a comma after it.

Rule

190

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The CEO of the company had

responsibilities beyond what the rest

of us had -- that is, Ronald Harris.

The surgeon rendered an opinion that

was different from Dr. Ross’s -- that

is, Dr. Mencher.

191

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In the middle

of the sentence,

use a pair of dashes

around the parenthetical.

Rule

192

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The accountant we had -- that is,

Reynaldo Martin -- was charged with

a felony in the case.

We owned two cars -- that is, a VW

and a Ford -- before this incident.

Similar surgeries -- e.g., tonsils,

appendix -- are common.

193

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This follows the rule that says, any

time an element in the middle needs

commas around it but also has

punctuation inside it, replace the

commas around it with dashes.

Discussion

194

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…and a half… vs. …and one half…

…3:00 vs. …3:00 o’clock…

…J, as in “John”; my last name;

the numbers “766”; at yahoo dot

com vs. [email protected]

Discussion

196

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THE STANDARD RULE

For words ending in -s, -x, -z, -ch,

and -sh, add -es to make the

word plural.

Rule

199

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fox

mass

church

wish

fez

foxes

masses

churches

wishes

fezes

200

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Remember

Do NOT use an apostrophe for the

plural of a regular word.

witness becomeswitnesses,

NOT witness’ orwitness’s

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witness

class

pass

fox

perch

witnesses

classes

passes

foxes

perches

202

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For all other words, add only -s.

Rule

203

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girl

head

storm

vacation

iPhone

girls

heads

storms

vacations

iPhones

204

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Remember

Do NOT use an apostrophe for the

plural of a regular word.

class becomes classes,

NOT class’s or classes’

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Proper Names

Follow these same standard rules

to make proper names plural.,

BUT

do not change the spelling of a

proper name.

Rule

206

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Mario

Hindry

Burns

Rogers

Hodges

Marios

Hindrys

Burnses

Rogerses

Hodgeses

207

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Remember

Do NOT use an apostrophe for the

plural of a regular word.

Wells becomes Wellses,

NOT Wells’ or Wells’s or Wellses’

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Pronunciation does not affect the

way the plural of a proper name is

spelled.

Discussion

209

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Q Did you see Mr. Hughes’ car?

A I did not see Mr. Hughes’s car.

210

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When the word the is in front of a

surname, always make the name

plural.

Rule

211

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I was with the Wellses.

I was with the Rosses.

I was with the Sanchezes.

I was with the Hodgkines.

212

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The plural of the word money has

two acceptable spellings:

monies financial issues

moneys different kinds

Discussion

213

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English is such fun:

Fish in the plural when you are

counting the number.

Fishes in the plural when you

are looking at types.

Discussion

214

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If a compound noun has more

than one word, make the main

noun plural.

Rule

215

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sister-in-law

attorney

general

court martial

sisters-in-law

attorneys

general

courts martial

216

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For every word that you want to

make SINGULAR possessive, add

an apostrophe s to the singular

form of the word -- no

exceptions.

Rule

218

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boy

woman

person

child

teenager

boy’s

woman’s

person’s

child’s

teenager’s

219

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class

witness

boss

bass

fox

class’s

witness’s

boss’s

bass’s

fox’s

220

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Mr. Ross

Ms. Sanchez

Mrs. Wells

Mr. Hodges

Ms. Hopkins

Mr. Ross’s

Ms. Sanchez’s

Mrs. Wells’s

Mr. Hodges’s

Ms. Hopkins’s

221

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For the plural possessive of words

that end in s, add only the

apostrophe -- (most plurals do

end in s).

Rule

222

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girls

friends

sisters

witnesses

classes

girls’

friends’

sisters’

witnesses’

classes’

223

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the Rosses

the Wellses

the Burnes

the Hodges

the Hopkins

the Rosses’

the Wellses’

the Burneses’

the Hodgeses’

the Hopkinses’

224

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For the plural possessive of words

that do not end in s,

add apostrophe s.

Rule

225

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children

men

oxen

women

children’s

men’s

oxen’s

women’s

226

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Add all possessive apostrophes

onto the end of the word.

Rule

227

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singular brother-in-law

sing. poss. brother-in-law’s

plural brothers-in-law

pl. poss. brothers-in-law’s

228

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singular aide-de-camp

sing. poss. aide-de-camp’s

plural aides-de-camp

pl. poss. aides-de-camp’s

229

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Be sure you have the correct form

of the base word -- that is,

singular or plural -- before you

make it possessive.

Discussion

230

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…to the boy…

…to the boy’s friends…

…to the boys…

…to the boys’ friends…

231

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…at Ms. Chung…

…at Ms. Chung’s neighbor…

…at the Chungs…

…at the Chungs’ neighbor…

232

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…to the witness…

…to the witness’s testimony…

…to the witnesses…

…to the witnesses’ testimony…

233

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…with Mr. Ross…

…with Mr. Ross’s son…

…with the Rosses…

…with the Rosses’ son…

234

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…to Ms. Jones…

…to Ms. Jones’s house…

…to the Joneses…

…to the Joneses’ house…

235

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These forms are really just

homophones where you are

picking out the correct form.

Discussion

236

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boy

boy’s

boys

boys’

class

class’s

classes

classes’

237

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Hess

Mr. Hess’s

the Hesses

the Hesses’

Hodges

Ms. Hodges’s

the Hodgeses

the Hodgeses’

238

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Be sure to use the correct

singular or plural form for the

context of the sentence.

Discussion

239

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…my manager’s assistants…

…all the managers’ assistants…

…one witness’s statements…

…two witnesses’ statements…

…my son’s birthday…

…my sons’ birthdays…

240

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Don’t use the possessive when

you just want the plural.

Rule

241

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…a card from the Oliver’s…

…a card from the Olivers’…

…a card from the Olivers☺…

242

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We went with the Rays last night.

(the people, the family)

We were at the Rays’ last night.

(their house, their apartment)

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…one week’s pay…

…three days’ duration…

…a stone’s throw…

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When an adjective that is right in

front of the noun has an s on it

AND it denotes a time, distance,

amount, or value,

use an apostrophe.

Rule

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7/27/2015

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Use apostrophe “s” when the

amount is singular and an

“s” apostrophe when the

amount is plural.

Rule

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…one year’s time…

…a week’s vacation…

…an hour’s wait…

…three weeks’ duration…

…20 minutes’ delay…

…a few dollars’ worth…

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If there is no “s,” the combination

is hyphenated.

Rule

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…one week’s vacation…

…one-week vacation…

…15 minutes’ delay…

…15-minute delay…

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