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Legal decision hinges on the Oxford comma


Farrar
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That is hilarious. My niece is a paralegal and we had a similar conversation at dinner one night.

 

The (hypothetical) question was if someone left an inheritance in their will and phrased it as "divided between Johnny, Susie, Billy and Joe." She said that if they didn't put the comma it would mean that Johnny got 1/3, Susie got 1/3 and Billy and Joe shared the final 1/3. Everyone else said she was crazy and that it would clearly be that the intent was for Johnny, Susie, Billy, and Joe to each get 1/4. I didn't know which would be legally correct but I could imagine that in the legal world that comma could make a big difference. 

Edited by Alice
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Ha! Now maybe lawmakers and lobbyists everywhere will suddenly be massive proponents of funding for increasing grammar lessons in public schools. ;) Or we can hope.

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Ha! Now maybe lawmakers and lobbyists everywhere will suddenly be massive proponents of funding for increasing grammar lessons in public schools. ;) Or we can hope.

 

I agree that the sentence about exceptions was legally ambiguous, but I didn't see anything ungrammatical. It is entirely possible for ambiguity and correct grammar to coexist.

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Thank you for sharing! My husband and I love to argue about the Oxford comma.

 

Here is a sentence from the article:

 Because of that lack of clarity, the five drivers have won their lawsuit against Oakhurst, and are eligible for unpaid overtime.

 

 What do you think about that comma after "Oakhurst"? ;-)

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I didn't used to like the Oxford comma because the context in which it arose most for me was in the newsroom.  My major was print journalism and we got rid of commas whenever we feasibly could because doing so could give us an entire additional line for our news story.  Out went the Oxford comma. 

 

I've stuck with this for all these years until recently.  I transcribed a basic English class recently and the professor gave an example similar to the "the inheritance will be split between Tom, Sue, Bill and John" example in which it mattered.  Just like the news story referenced in the OP. 

 

So I'm converting -- albeit slowly.  I'm currently redoing the service books at church and I'm back to wanting to save space and getting more in the lines on a page.  So it goes, so it goes. 

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Fun ... though I am wondering why any of those jobs would be overtime-exempt ....

 

I was taught to NOT use that extra comma.  My English teacher was very very picky and I would lose points if I did that.

 

Now, I do whatever I feel like doing - sometimes I use it, sometimes I don't.  But I do write / edit legal documents at times, and those times, I am super careful to be precise.  Kuz you never know ....

 

Some of my sibs are fb friends of that old English teacher.  I should ask them to post that story on her fb.  :P

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I saw it mentioned, and I think this is just as relevant for grammar geeks, that having all the other actions in the sentence end in -ing except for "distribution" also added to the ambiguity.  As someone who strives for parallelilty (I made that word up; it's fun to say if you put the emphasis on LEL), I agree. 

Edited by milovany
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