Here are the guidelines for using slashes from the JHA Style Guide for Technical Communication and Training.

Speaking of slashes, your friendly editor may have asked you not use the term “and/or,” and to choose “and” or “or” instead.

Per the Chicago Manual of Style, “Avoid this Janus-faced term. It can often be replaced by and or or with no loss in meaning. Where it seems needed {take a sleeping pill and/or a warm drink}, try or . . . or both {take a sleeping pill or a warm drink or both}. But think of other possibilities {take a sleeping pill with a warm drink}.”

One reason not to use and/or statements is that it creates uncertainty. Here is an example, “I and/or Kara will edit your document tomorrow.” The and/or statement in this sentence can mean that I will edit your document, Kara will edit your document, or both Kara and I will edit your document.

There is also the issue of whether using and/or in a subject makes the verb singular or plural.

For example:

This message and/or attachments [is? are?] confidential.

Before you use and/or in your writing, try to determine whether the term is necessary or if there is a clearer way to express what you are trying to say.

Jackie Solano | Technical Editor | Symitar®

8985 Balboa Ave. | San Diego, CA 92123 | Ph. 619.542.6711 | Extension: 766711

For those of you fairly new to the Editor’s Corner, we have a fan favorite for you today: mondegreens. Mondegreens are misheard song lyrics. The latest purchase I’ve made is called Hit Me with Your Pet Shark: Misheard Lyrics of the 1980s, by Charles Grosvenor Jr. Here are the top nine reasons Mr. Grosvenor gives for people mishearing songs:

1) Secret belief that all songs are dirty

2) Singer has a thick accent

3) Listener made up a word or phrase to fit the rhyme

4) Words are slurred together to form a new word

5) Dropped a leading or trailing consonant

6) Use of an unusual proper name

7) Lyrics are not in a listener’s native tongue

8) Music is too loud

9) Lyrics are sung too fast

I have my own for number 10: Listener is under the influence of some mind-numbing substance.

Here are your lyrics for today:

Kara Church

Technical Editor, Advisory

619-542-6773 | Ext: 766773

www.symitar.com

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This week, I’m on a modal verb kick. Today, I’ll provide you with a little more information about modal verbs and explain why we should try to minimize their use in technical documentation. Remember, last week I said modal verbs help you with a certain “flavor” in your writing. Maybe that flavor is some kind of formality or wish to sound extremely polite or as if you have no expectations for a situation. In technical writing, we want the facts! We want to be straightforward with our writing and make sure there are no misunderstandings. The “flavors” we are looking for are crisp and sharp.

· You can use modals for speculation and probability:

o Bill should have been here by 6:00 p.m.

o It must be difficult raising two children by yourself.

o If you click Enter, the transaction should be processed.

In technical writing, we want to concentrate on concreteness and exact information:

o Click Enter to process the transaction.

· You can use modals to discuss ability:

o She could crochet better than her grandmother.

o Mr. Farrow can speak three languages.

o The system could calculate the monthly mortgage payment if you entered the total loan amount and percentage rate.

In technical writing, we want to know precisely what the system can and will do under certain circumstances:

o Enter the total loan amount and percentage rate to calculate the monthly mortgage payment.

· You can use modals to indicate obligation.

o You must complete these steps before you can continue.

In technical writing, you want to be direct and straightforward. You don’t want to change the intended meaning of the sentence, but consider the following revision for the previous example:

o Complete these steps before you continue.

Tomorrow: Merry mondegreens.

Kara Church

Technical Editor, Advisory

619-542-6773 | Ext: 766773

www.symitar.com

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As I mentioned yesterday, modal verbs are also called “helping” or “auxiliary” verbs. To get the real flavor of how English modal verbs are used, this article from the Frankfurt International School does a great job explaining. Sometimes I find that English as a Second Language (ESL) lessons break down our language into more digestible pieces than English grammar books do. J

Modal verbs

The modal verbs include can, must, may, might, will, would, should. They are used with other verbs to express ability, obligation, possibility, and so on. Below is a list showing the most useful modals and their most common meanings:

Note: Many native English speakers will use can to request permission. For example, “Can I watch TV?” Many native English speakers are also asked, in return, “I don’t know, can you? You may turn on the TV.” This correction may be met with appreciation or a smack to the head, depending on who is correcting whom.

Tomorrow: Modal verbs and technical documentation.

Friday: Merry mondegreens!

Kara Church

Technical Editor, Advisory

619-542-6773 | Ext: 766773

www.symitar.com

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There are new guidelines for indicating time of day and time zones in the JHA Style Guide for Technical Communication and Training.

Jackie Solano | Technical Editor | Symitar®

8985 Balboa Ave. | San Diego, CA 92123 | Ph. 619.542.6711 | Extension: 766711

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immediately advise the sender by reply email and delete all copies.

Good afternoon, folks! I promised I’d get into modal verbs one of these days and that day is upon us.

So what is a modal verb?

Modal verbs (also called auxiliary, helping, or defective verbs) are verbs that express things such as possibility, likelihood, obligation, permission, and ability.

What are the modal verbs in English?

From the McGraw-Hill Handbook of English Grammar and Usage:

What is so special (or defective) about modal verbs?

· In the present tense, they don’t require an “s” for the third person singular.

For example: “she will be there,” not “she wills be there.” With regular verbs, the third person singular requires an “s,” such as “she sells seashells,” or “he runs with abandon.”

· The modal verb must is the only verb in English with a present form but no past form.

· Modal verbs are followed by the infinitive of other verbs, without the “to.” (This may sound confusing because we call the infinitive the “to form” of a verb. “Infinitive” actually means the verb is not finite—it can’t be the main verb in a sentence.)

· For example:

o “You must come on Thursday,” not “You must to come on Thursday.”

o “She will write to you afterwards,” not “She will to write to you afterwards.”

· Modal verbs form questions by inverting words.

For example:

o “He can go” becomes “Can he go?”

o “She should run” becomes “Should she run?”

o “The weather will be good” becomes “Will the weather be good?”

Tomorrow: The softer, gentler side of modal verbs.

Mmmmm…a la mode!

Kara Church

Technical Editor, Advisory

Per the JHA Style Guide for Technical Communication and Training, do not use check and uncheck as verbs to describe putting a check in a check box. Use select and clear instead.

Example:

· Clear the All caps check box and select the Small caps check box.

Thank you,

Jackie Solano

Technical Writer, Episys Technical Publications

Symitar®

8985 Balboa Avenue

San Diego, California 92123

Direct Line: 619-542-6711

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Here are the last few items from jury duty. J I also have a little treat for you at the very bottom of this email.

These definitions are from the following glossaries:

• http://www.sdcourt.ca.gov/portal/page?_pageid=55,1643485&_dad=portal&_schema=PORTAL
• http://www.glenncourt.ca.gov/court_info/glossary.html
• http://www.nycourts.gov/lawlibraries/glossary.shtml

• deliberations: This occurs after a trial when a jury goes into its assigned private room to think about and discuss evidence and testimony to help it reach a verdict. [KC – Also known as going from the jury box to a more enclosed box. All of the evidence and the twelve jury members are sent
  to a room and closed in to finally talk about the case. Up to this point, there is no chatting with anyone about what we’ve seen or heard. We all went around the table and had an opportunity to discuss what evidence and testimony seemed true and how we thought
  we might decide. Where there was misunderstanding or disagreement, we continued to discuss the evidence.]

• foreperson: A member of a jury, usually the first juror called and sworn, or a juror elected by fellow jurors, who delivers the verdict to the court.

• beyond a reasonable doubt: In a criminal case, the accused’s guilt must be established "beyond a reasonable doubt." Proof beyond a reasonable doubt is proof that leaves you with an abiding conviction that the charge is true. [KC – This was a criminal case, so the decision had to be unanimous. The prosecutor’s job was to prove that Mr. X was guilty
  beyond a reasonable doubt. If there was doubt, we were tasked to find him innocent.]

• verdict: The formal decision or finding made by a jury, which has been impaneled and sworn for the trial of a case, and reported to the court. [KC – Unfortunately for Mr. X, the jury found him guilty of having a blood alcohol level above .08 while driving. So that the jury doesn’t base the verdict on the defendant’s past or on potential
  punishment, sentencing is done at a separate time and the jury is not involved.]

I never forget a promise and I know I promised you more mondegreens (misheard song lyrics). While I was on jury duty, I went through two new books and started collecting some for you. Here are a few from The Ants Are My Friends by Martin Toseland.

Have a great weekend, everyone!

Kara

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Today’s vocabulary and court terms are from days two through five of jury duty (at least in this case). I’ll have the final results for you tomorrow.

• admonishment: An authoritative statement made to the jury by the judge regarding their conduct as jurors. [KC – In plain terms, the judge reminds you each time that there is a recess, that you are not allowed to talk, text, or in any way communicate with anyone anywhere about the trial.]

• trial: The formal examination of a legal controversy in court so as to determine the issue. [KC – In this case, we were to hear evidence that would prove (or disprove) that this gentleman was driving with a blood alcohol level over .08.]

• counsel: One or more lawyers who represent a client. [KC – And this was where the circus began! The defendant (see below) had two lawyers. One was a gruff, obnoxious older man who looked like a Dick Tracy villain stomping around the courtroom.
  The other was also very abrupt and treated the prosecutor’s witnesses horribly, asking one police officer, “Was there a curb? Do you know what a curb is?” Yikes!]

• defendant: The party against whom the case is filed. The accused person or party; the person named as the wrongdoer in a criminal action. [KC – We will call him Mr. X.]

• prosecuting attorney: A public officer whose duty is the prosecution of criminal proceedings on behalf of the citizenry; sometimes referred to as "district attorney" or "city attorney."

• evidence: Any type of legal proof presented at trial through witnesses, records, and/or exhibits. [KC – Three police officers, two forensic experts, one former police chief, and a partridge in a pear tree.]

• direct examination: The first interrogation of a witness by the party on whose behalf the witness is called.

• cross-examination: Questioning by a party or his attorney of an adverse party or a witness called by an adverse party.

• testimony: An oral declaration made by a witness or party under oath.

• sidebar: Refers to a conference between Court and counsel held at the side of the bench and out of the hearing of the jury. [KC – I prefer salad bars to sidebars. There were many interruptions for these breaks, where the attorneys and judge conferred. It seems that they were conferring
  on the law and what was within the limits of what each party could say. But that is total speculation since we weren’t supposed to be able to hear anything over in the jury box.]

• sustain: To uphold or affirm or accept an objection.

• overrule: To disallow; to rule against an argument or objection made in the course of a trial or proceeding.

• motion: An oral or written request to the court made by a party for a ruling or order. [KC – We often heard “motion to strike” with regards to certain comments made by the witnesses.]

• hearsay: A type of testimony given by a witness who relates not what he/she knows personally, but what others have told the witness, or what the witness has heard said by others; may be admissible or inadmissible in court depending upon rules of evidence. [KC – In this case, when one of
  the lawyers would yell out “Objection! Hearsay!” it was usually because a witness was referring to information in a report or article that was not previously entered into evidence.]

These definitions are from the following glossaries:

• http://www.sdcourt.ca.gov/portal/page?_pageid=55,1643485&_dad=portal&_schema=PORTAL
• http://www.glenncourt.ca.gov/court_info/glossary.html
• http://www.nycourts.gov/lawlibraries/glossary.shtml

Kara Church

Technical Editor, Advisory

619-542-6773 | Ext: 766773

www.symitar.com

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Hello everyone!

After five days on jury duty, I have to say it is good to be back. During my time away, I collected a lot of things to share with you: questions about our language, emails from inquiring minds, passages from books I read, and grammar topics I want to touch on. Today and tomorrow, however, I will bring some of the legal vocabulary from my adventures in public service, directly to you. These terms are not in alphabetical order, but instead are in the order you might experience them while going through the process of serving on a jury for a trial.

The definitions are from the following glossaries and resources:

· http://www.sdcourt.ca.gov/portal/page?_pageid=55,1643485&_dad=portal&_schema=PORTAL

· http://www.glenncourt.ca.gov/court_info/glossary.html

· http://www.nycourts.gov/lawlibraries/glossary.shtml

The names have been changed to protect the innocent and the guilty.

· jury summons: The papers sent to potential jurors that require their attendance in court for possible service on a jury. [KC – This is the mail you receive that makes you break into a sweat, hoping that it isn’t the same week you are supposed to be in the Bahamas.]

· civil case/civil suit: A lawsuit is called a civil case when it is between two or more individuals or corporations involved in a dispute and usually seeking a judgment awarding monetary damages. A civil case is an action brought to enforce, redress, or protect private rights. Civil actions include:

o General Civil (seeking damages over $25,000)

o Limited Civil (seeking damages under $25,000)

o Family Law

o Probate

o Unlawful Detainer (landlord/tenant disputes)

o Small Claims (seeking damages under $5,000)

· criminal prosecution/criminal case: The act of pursuing a criminal trial, where the state charges someone with a crime. A criminal case is an action brought by the government against a person who has broken the law. Criminal cases are separated into three main categories; felony, misdemeanors, and infractions. [KC – After sitting in a room with several hundred people, thirty-five of us were called to a department in the criminal court area of the San Diego Courthouse. We were told very little except
that this was a criminal case.]

· recess: A short break in the proceedings, with court resuming on the same day. [KC – I went out for a little walk. Two meth addicts tried to get me to buy a stolen bicycle for $10 in front of a Wendy’s. I told them I might get in trouble
for accidentally flashing people while riding a stolen bike and wearing a dress.]

· voir dire: Translated from French, the legal phrase means "to speak the truth" or "to see them say." Voir dire is the preliminary examination of prospective jurors by a judge or lawyer to decide whether that person can serve on a particular jury. [KC – Also known as the time where you get to share basic personal information (and any experience with the police or crime) with a room full of strangers.]

· challenges: The law authorizes the judge and the lawyers to excuse individual jurors from service in a particular case for various reasons. If a lawyer wishes to have a juror excused, he or she must use a "challenge" for that juror. Challenges, or reasons to dismiss a juror, are of two kinds:

o for cause: The law sets forth a number of reasons why jurors may be excused "for cause." For example, a juror who is related to or employed by one of the parties in the case may be excused for cause. There is no limit to the number of for cause challenges that may be used. [KC – The potential juror who said he didn’t trust the police under any circumstances but also decided the defendant was guilty before the jury was chosen was excused “for cause.”]

o peremptory: Each side in a case has a certain number of challenges that can be used without giving a reason. These are called peremptory challenges. Each side may ask the judge to excuse particular jurors. If a juror is excused, this does not imply something bad and does not mean the juror is not competent in any way. It frequently happens that a prospective juror will be excused in a certain case and later accepted in another. The number of peremptory challenges have been established by the Legislature.

· impaneling: the process by which jurors are selected and sworn to their task.

Tomorrow: the trial.

Kara Church

Technical Editor, Advisory

619-542-6773 | Ext: 766773

www.symitar.com

NOTICE: This electronic mail message and any files transmitted with it are intended
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