Even as we add more official (and some might say questionable) words to our dictionaries—like selfie, twerk, sexting, and LOL—we sometimes seem to have a difficult time knowing when to use some of the basic words that have been around forever. Below are some commonly confused words, their meanings, and their proper use.

That/Which/Who – Probably the most commonly confused combination.  Misuse of “that” and “which” proliferate nearly every judicial opinion students read, which adds to the confusion.  Also, of late, I’ve noticed that students are dropping the use of “who” altogether and using “which” instead in places that make their writing grammatically incorrect.  So let’s take a look at each of these words.

As we who teach legal analysis and writing teach students how to make the switch from objective to persuasive writing, we often talk about the little things that students can do to their briefs more persuasive.

One fairly obvious technique is for the writer to carefully choose how she wants to label the parties. Calling one party “the Defendant” rather than by his or her given name, for example, tends to de-personalize the defendant. Calling a business entity “the Company,” “the Firm,” or “the Corporation” may trigger for readers certain images or feelings, some of which may be negative. And that may be just what the writer wants if the writer represents a plaintiff alleging a wrong against an impersonal entity. Or, depending on context, maybe those designations are the quickest, easiest way to refer to one of the parties.

But who knew that “the Government” would be considered to a label to avoid—by the government itself?