The Scrivener
| Publication year | 2022 |
| Pages | 56 |
THE SCRIVENER
English Test for Lawyers: Fall Semester 2021
BY SCOTT MOÏSE
1. What is the correct spelling of the coronavirus that has shut down courts, schools, and businesses around the world for the past two years.
(A) Covid-19
(B) COVID-19
(C) Covid 19
ANSWER:
(A) Covid-19 or (B) COVID-19
“COVID” is an acronym: “CO” stands for “corona”; “VI” for “virus”; “D” for “disease.” “19” is the year it was discovered. See www.cdc.gov/coronavirus/ 2019-ncov/faq.html#Coronavirus- Disease-2019-Basics.
(B) is the spelling used by The Centers for Disease Control (CDC), the World Health Organization, the Modern Language Association’s MLA Handbook, Chicago Manual of Style, and Merriam-Webster Dictionary, and most courts. However, (A) is also used by other respected authorities and courts.
For legal purposes, (B) is the spelling used by most of the federal and state courts. See, e.g., Alabama Ass’n of Realtors v. Dep’t of Health & Hum. Servs., 141 S. Ct. 2485, 2486 (2021) (“In March 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act to alleviate burdens caused by the burgeoning COVID–19 pandemic.”); United States v. Banks-Davis, No. 21-6550, 2021 WL 4936206, at *1 (4th Cir. Oct. 22, 2021)( citing another case as “holding that a prisoner’s appeal of the denial of a motion for compassionate release is moot upon the prisoner’s release when the prisoner requests release from prison solely based on health risks posed by COVID-19”); United States v. Trammell, No. 3:17-1206-MGL-2, 2021 WL 4951279, at *1 (D.S.C. Oct. 25, 2021) (“Pending before the Court is Defendant Neil Corey Trammell’s (Trammell) pro se motion to reduce his sentence due to the COVID-19 pandemic.”); Creswick v. Univ. of S.C., 434 S.C. 77, 862 S.E.2d 706, 708 (2021) (“Further, the Attorney General’s contention that construing Proviso 117.190 along with other provisos concerning COVID-19 vaccinations and facemasks somehow evidences the legislative intent for Proviso 117.190 to prohibit universal mask mandates at state-funded colleges and universities is specious.”). But see Matter of Rivers, 434 S.C. 73, 862 S.E.2d 449, 450 (2021) (per curiam) (“Respondent recognizes that his concerns regarding Covid-19 do not excuse his behavior and that his disruptive behavior reflected poorly on his professional judgment and temperament.”).
2. Ray cannot go on vacation any time soon because his deadline to file a report to the legislature is coming down the ____.
(A) pike
(B) pipe
ANSWER:
(A) pike
According to the website for dictionary Merriam-Webster, the correct expression is "coming down the pike," meaning "in the course of events" or "in the future." See Usage Notes, Is It "Down the Pike" or "Down the Pipe"?, www.merriam-webster. com/words-at-play/down-the-pike-vs-down-the-pipe-idiom-usage. "Pike" comes from the word "turnpike," which originally meant "toll road," but later came to mean any road. When you say that Ray's dead line is coming "down the pike," that typically means it is coming soon.
Having said that, Merriam-Webster and other authorities recognize that people have used "coming down the pipe" enough that it is almost acceptable. "Almost acceptable" is not good enough for us, however, and in a Westlaw check of all federal and state courts, only one judge, in two different opinions, used the expression "coming down the pipe" to mean "coming soon." See, e.g., Xcaliber Int'l,...
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