Грамматические трудности перевода. Английский язык для юристов
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1. Transition to a market economy is a very long-term task, for it takes longer to change a society than to build a city or reconstruct an enterprise.
2. The new challenge which faced the international community as it approached the beginning of the second millennium was the implementation of human rights.
3. As legal systems evolved, different rules tended to fall into two main categories: criminal law and civil law.
4. Since the US $ is the world’s most important trading currency there is a market of many billions of Eurodollars (including the oil-exporting countries’ “petrodollars”).
5. As the society develops and becomes more complex, rules of a more definite nature emerge and a body of laws comes into existence.
6. Parliament has great powers, for it is our chief law-maker.
7. As our notions of privacy have changed the courts have emerged as the arena where debate is most often conducted concerning personal matters.
8. Early years at the B ar may be insecure since solicitors are reluctant to entrust their work to an untrained barrister and without work he is likely to remain untried.
9. There isn’t any great gap between the work of experienced modern barristers and solicitors, for there are many barristers who do little advocacy and there are solicitors who have made considerable reputations for themselves in the courts.
10. The inferior courts in the US federal system have less political importance, since their principal duty is to settle routine cases where no constitutional question is at stake.
11. A defamatory letter which is mailed directly to the plaintiff, who opens and reads it, is not a publication, since there is no communication to a third person.
12. Since the U.S. district courts are federal courts, they are allowed to hear cases only where federal jurisdiction exists.
13. As litigation expenses have climbed, plaintiffs and defendants have sought ways to curtail cost.
14. Procedure in the County Courts in England tends to be quicker and less formal than in the High Court and, since the cases are heard locally, less costly.
15. Since the object of arbitration is to avoid the formalities, delay and expenses of litigation in court, judicial review of an arbitrator’s award is more limited than appellate review of a trial’s court decision.
16. There have been proposals to stop using juries in long complicated fraud trials, since this type of trial is particularly difficult for an ordinary person to understand.
People tell me there are a lot of guys like me,
which doesn’t explain why I’m lonely.
Mort Sahl
8. Обобщающее Which
MODEL
Even today ordinary courts often take account of business practice in reaching a decision, which plays a certain role in the evolution of English law.
Даже сейчас суды общей юрисдикции при выработке решения часто принимают во внимание деловую практику, что (и это) играет определенную роль в эволюции английского права.
In the present treatise the term ‘air law’ has been adopted, which is current practice.
В данной работе используется термин «воздушное право», что является общепринятой практикой.
1. Sometimes a company chooses to issue new shares to its shareholders instead of paying dividends, which is called a bonus issue.
2. If we had a world currency we’d have no exchange rates, which presumably would be good for trade.
3. Before a company makes something and tries to sell it, it wants to find out whether people would like to buy the thing, which is called a market research.
4. A cartel is a group of producers or sellers who fix prices and quantities in order to avoid competition and increase profits, which is illegal in many countries.
5. Most insurance companies and pension funds which own the majority of shares in major companies insist on extremely high dividends, which forces businesses to think about nothing but short-term profitability.
6. In many countries, professional people such as lawyers, doctors and architects are not allowed to form limited companies, which makes them serve their clients better because they have unlimited liability.
7. The world is changing and new legal rules have to be created quickly, which is done through Parliament.
8. In nations with democratic systems of government, most court cases are open to public, which means that any member of the public may witness a court case.
9. The plaintiff might have to wait several years for his remedy, which often makes it hardly worth the effort involved.
10. Instead of damages, a plaintiff sometimes asks the court to force the other contractor to carry out the contract, which in English law is called specific performance.
11. When parties are joined in an action, they are called either coplaintiffs or co-defendants, which simply means that more than one party is involved on either side of an action.
12. Both arbitration proceedings and decisions are kept confidential, which is a great advantage in disputes which relate to sensitive matters.
13. The Department of Trade and Industry tries to ensure that British markets are open and competitive, which includes ensuring that mergers and takeovers do not prevent competition among firms.
14. According to the WTO agreement a country can change its binding only after negotiating with its trading partners, which could mean compensating them for loss of trade.
15. Every state has the right to equality in law with every other state, which means that sates have equal rights in court if they become parties to a dispute and receive equal treatment in international organizations.
A jury consists of twelve persons chosen
to decide who has the better lawyer.
Robert Frost
9. Причастия I, II и инфинитив в функции определения
MODELS
Participle I
a) In employment law there are laws forbidding discrimination against people on the basis of their gender, race, religion or age.
Трудовое право включает нормативные правовые акты, запрещающие (= которые запрещают) дискриминацию по признаку пола, расовой принадлежности, религии или возраста.
b) He called for urgent legislation that would allow banks to close down accounts being used for dubious purposes.
Он выступил за скорейшее принятие законов, которые позволят банкам закрывать счета, используемые в сомнительных целях.
Participle II
Any decision reached by the arbitrator is binding on both parties.
Любое решение, вынесенное арбитром, является обязательным для обеих сторон.
Infinitive
1. The Bills to be adopted during the parliament’s three-day session, involve amendments to certain articles of the country’s constitution.
Вынесенные на рассмотрение трехдневной сессии парламента законопроекты содержат поправки к некоторым статьям конституции страны.
2. The quality of cigarettes to be shipped shall correspond to that of the samples approved and confirmed by the parties.
Качество подлежащих отгрузке сигарет должно соответствовать качеству образцов, утвержденных и подтвержденных обеими сторонами.
3. Authority of law enforcement officers to use deadly force is an awesome responsibility.
Право применять оружие летального действия накладывает на сотрудников правоохранительных органов огромную ответственность.
1. They were fully aware of the obstacles to be faced and the changes to be made.
2. Against the background of the falling living standards, the profits earned by the monopolists seemed particularly great.
3. A person being interviewed by the police can, of course, stay silent; they [citizens] do not have to answer any questions.
4. Laws to establish fair wages, limit the number of hours worked in a week, and prevent children from being exploited are some of the areas covered by employment law.
5. If you want to set up business under English law, the first question to consider is to form a limited company or not.
6. The quality of goods received must correspond to the specifications stipulated in a contract signed by companies.
7. The Chinese government has responded to a growing demand for better quality goods and set up special courts to deal with customers’ complaints.
8. The contract contains a clause providing that all disputes raised by the customers should be referred to arbitration.
9. The weight of goods to be shipped stated in the bill-of-lading is to be considered final and binding upon both Parties.
10. Many investigators carry a card that contains the Miranda warning2 to be read before interrogating a suspect.
11. Any products failing to meet the agreed specifications will be returned to the supplier at the supplier’s expense.
12. In France, the judges sit together with the jury who are also involved in determining the sentence to be imposed.
13. The Vienna Convention on the Law of the Treaties 1969 provides that every state has capacity to conclude treaties.
14. A defamatory statement heard only by a person who does not understand the language in which it is spoken is not actionable.
15. The Lords can reject a bill to allow the Commons to extend a Parliament beyond 5 years.
16. The payments to be made are attached as Appendix 1A.
17. The basic aim of law is the attainment of justice in society. However, in some situations the degree of justice hoped for is not achieved.
It’s easy to be liberal when spending another’s money.
10. Причастия I и II в функции обстоятельства
MODELS
Participle I
1. (While / When) Commenting on the resolution, he informed the deputies of the country’s critical situation. Комментируя резолюцию, он сообщил депутатам о критической ситуации в стране.
2. When drafting leases, attention to detail is of paramount importance.
При составлении договоров аренды крайне важно быть внимательным ко всем деталям.
3. Having looked at the nature of the adversary system and the key players, now consider the critical steps normally involved in the criminal justice process.
Проанализировав суть концепции и изучив характер участников состязательной системы правосудия, перейдем к рассмотрению основных этапов уголовного процесса.
4. Having passed the House of Lords the Bill is ready for the Royal Assent.
После того как законопроект был принят палатой лордов, он должен получить королевскую санкцию.
Participle II
Asked about the claim, he said the dispute would be settled out of the court.
Когда его спросили об иске, он ответил, что спор будет урегулирован во внесудебном порядке.
1. Because the American legal system consists of both federal courts and state courts, a plaintiff must make a choice of court systems when filing a suit.
2. Informed that it was impossible to sack such a number of employees the executive director suggested reducing the company’s running costs by some other means.
3. Asked to justify his decision to cut the R and D budget, the head of the company failed to sound convincing.
4. Working as a block, the opposition parties have been able to formulate demands for reforming the economic situation.
5. Asked how he got to be so good in the pre-election campaign the candidate answered “I lost the previous election”.
6. Faced with the necessity to comment on the event, the Prime Minister refused to express his opinion.
7. Alleging human rights violations, some countries have imposed economic sanctions against others.
8. Initially used only by financial markets and businesses, the euro was introduced for use by general public on January 1, 2002.
9. Discussing contract law we often think of contracts as elements of the business world, forgetting that they are also an essential part of our daily life.
10. The role of the jury is to agree a verdict, having heard and considered the facts according to the evidence led.
11. Two youths were fined 25 dollars being found guilty of causing a breach of peace.
12. Having arrested someone suspected of committing a crime, the police must decide if they have enough evidence to make a formal accusation.
13. When establishing or interpreting norms of international law, States are referring increasingly often to resolutions of the United Nations General Assembly and sometimes to resolutions of international organizations as well.
14. According to the traditional approach of recognition of a government, a revolutionary government is not recognized until it has clearly established control over most of the state, having reduced the prior government to control of only negligible areas.
15. Negotiated in preparation for the admission to the EU of new members from Eastern Europe, the Treaty of Nice (2001) contained major reforms.
16. When making an arrest, if there is no resistance, no force should be used.
17. Having successfully completed the Legal Practice Course the would-be solicitor has to enter a two-year training contract with a firm of solicitors or other approved organizations, gaining practical experience in a variety of areas of law.
All things being equal, people will do business with a friend;
all things being unequal, people will still do business with a friend.
Mark McCormack
11. Независимый причастный оборот
MODELS
1. The agreement is drawn up in English and in Russian; both texts being equally valid.
Договор составлен на английском и русском языках, причем (и) оба текста имеют одинаковую силу.
2. The documents not having arrived on time, the trial had to be postponed.
Поскольку документы не прибыли вовремя, судебное разбирательство пришлось отложить.
1. The question arose on responsibility, some participants pointing out that laws were neglected everywhere.
2. The parties having failed to conclude an agreement, there is no way of telling what the outcome will be.
3. England appeared only a formal victor in the Second World War, its economy entering the period of stagnation and decline.
4. There are about 100 Federal courts throughout the country, final authority resting in the Supreme Court.
5. After the recession of the early 1980s, there were many large companies on the US stock market with good earning but low stock prices, their assets (being) worth more than the companies’ market value.
6. The USA has no national police force, the FBI influence being limited to a very few federal crimes, such as kidnapping.
7. The US Republican Party took form in 1854, its first Republican candidate being John C. Fremont in 1856.
8. The American Constitution specifies the powers and duties of each federal branch of government, with all other powers and duties belonging to the states.
9. In any election year, only one third of the Senate is changed, the remaining two thirds being members whose terms have not expired.
10. “Upper” and “lower” are commonly applied to the two houses for a bicameral legislature, the upper being the less numerous and higher in rank of the two.
11. For electoral purposes Britain is divided into a number of constituencies, each returning one member to the House of Commons.
12. If a dispute arises between two individuals, each believing himself to be in the right, litigation may ensue.
13. Money laundering was made a separate criminal offence in the US in 1986, one goal being to identify offshore jurisdictions that do not cooperate with the US in investigation and prosecution of money laundering.
14. In the mid – 1990s, various companies and financial institutions made spectacular losses with derivatives, the most famous being Barings Bank, which was bankrupted when a single trader in Singapore lost $ 1 bln on futures and options.
15. Legal unpredictability usually scares off foreign capital, with changes to the R.F.Tax Code happening every year.
16. There being no further business, the meeting was closed. (from the minutes of a shareholders’ meeting)
17. Some refer to our [American] criminal justice system as a revolving door, with criminals getting out of prison faster than the authorities can convict and incarcerate others.
If you spend too much time thinking about a thing
you’ll never have it done.
Bruce Lee
12. Сложное дополнение с причастием II
MODELS
Verb + smth + done
1) значение страдательного залога
She had her case heard by a jury.
Ее дело слушалось судом присяжных.
2) каузативное значение
If a business does badly and cannot pay its debts, any creditor can have it declared bankrupt.
Если дела у компании идут плохо и она не может платить по долгам, любой кредитор вправе потребовать, чтобы ее объявили банкротом. (Каузативные глаголы: требовать, просить, ходатайствовать и др.)
1. She wanted her money invested in “wholly ethical companies”.
2. Instead of launching a product solely on the basis of intuition or guess-work, most companies have it market researched.
3. An over the counter market is a market for young and small companies which do not want their shares traded on the major stock-exchanges.
4. The company itself may decide to wind itself up, but also creditors, among others, may apply to the court to have the company liquidated.
5. In some states, such as California, citizens can petition to have their propositions put on the ballot in state elections.
6. The company wanted to have their stock traded on the London Stock Exchange.
7. If a person is unable to vote on election day he obtains a ballot within a specified period of time before the election, marks it, has it notarized and returns it to the proper officials.
8. There are some offences where the defendant is given the choice of having his case heard in the Magistrates Court or the Crow Court.
9. It takes much longer to have a case heard in the Crown Court, but sometimes defendants prefer it because their cases are decided by a jury, that is ordinary people.
10. To ensure the financial success of the issue of shares it is often quite usual to have the issue underwritten.
11. The Plaintiff can apply to the court for a charging order on the defendant’s land or shares and if the money is still not paid, he can have them sold to recover his damages.
12. The court ordered him taken into custody on suspicion of participation in a terrorist act.
13. Malicious prosecution is the tort of having someone arrested criminally without paper grounds.
14. Where countries have faced trade barriers and want to have them lowered, negotiations within the framework of the WTo are used to liberalize trade.
15. Where developing countries are fully equipped with a microcomputer and a satellite link up, they will have most of their technical information needs met.
16. ’’Jack the Ripper” was a mysterious killer who terrorized the London East End in 1888; his victims, all women, were killed by having their throats cut.
17. If you are complaining of a court decision such as a conviction or sentence, it is not necessary to have tried to have your case reopened after going through the normal appeal procedures in the courts.
18. Temporary restraining orders3 are usually issued for a very short period of time. Thus, a party who can show evidence that such an order was improperly issued can have the order revoked at the earliest opportunity.
Women have become so highly educated…
that nothing should surprise us nowadays,
except happy marriages.
Oscar Wilde
13. Модальный глагол Should в ослабленном значении
MODELS
Should
1) сослагательное наклонение
a) In Britain there are some cases closed to the public that is a judge may order that no members of the public (should) be present at the proceedings.
В Британии существуют судебные дела, закрытые для публики, т. е. судья может потребовать, чтобы на судебном разбирательстве не присутствовал никто из посторонних.
b) Before applying to the ECtHR it is necessary that all available domestic legal remedies (should) be exhausted. Перед подачей жалобы в ЕСПЧ необходимо, чтобы были исчерпаны все доступные средства внутренней правовой защиты.
2) придаточное предложение условия
a) If I should fail to perform my obligations under a contract, you may sue me to recover compensation or compel me to carry out my side of the bargain.
В том случае если я не исполню свои обязательства по договору, вы вправе потребовать от меня по суду компенсацию или заставить меня исполнить взятые мною обязательства.
b) Should the goods within the guarantee period prove to be defective, the Sellers are to eliminate the defects or replace the defective parts.
Если в течение срока гарантии товар окажется дефектным, Продавец должен устранить дефекты или заменить дефектные детали.
1. In order to sustain free trade it is essential that governments should tackle the unemployment problem.
2. one of the business approaches demands that suppliers, customers, employees and members of the local community should be represented on a company’s board of directors.
3. The President suggested that Congress should try harder to pass some drug control legislation.
4. It was proposed that the authorized capital of the company be increased.
5. Any person may begin and conduct proceedings himself, but because of the difficulties involved it’s highly desirable that he be given legal advice.
6. In the USA lawyers and courts of law have become part of daily life, whereas in Japan lawyers are few and people tend to rely on informal ways of solving disagreements; it’s interesting that two highly industrialized societies should be so different in this respect.
7. In Japan it is possible for the prosecution to appeal that a non-guilty decision be changed to guilty.
8. If an MP should die or be forced to give up his seat the people of the country will have to vote again in a by-election to replace him.
9. The countries to the Community Treaty accepted the supremacy of Community law over their national systems of law if a conflict should arise.
10. Company directors, partners and sole traders alike have to consider the legal implications of the torts they may face should their products injure a customer.
11. The Supply of Goods and Services Act implies that services be provided with reasonable care, at a reasonable cost and within a reasonable time.
12. The laws of certain countries require that parties to contracts should expressly accept arbitration clauses.
13. I t is highly advisable that a negotiating lawyer should keep notes of all discussions and emails regarding the matter under negotiation.
14. For a teacher of legal English it is important that he and his students should accept the fact that he cannot be an expert on all aspects of law in the students’ jurisdictions.
15. It is recommended that you should conduct an Internet search for legal expressions together with the name of the jurisdictions.
Conscience is the inner voice that warns us
that someone might be looking.
H. L. Mencken
14. Модальные глаголы May, Must, выражающие предположение, уверенность
MODELS
May / might
You may (might) have read his account of the case.
Вы, возможно (может быть), читали его отчет об этом деле.
Must
The parties concerned must have stopped debating the claim. Заинтересованные стороны, очевидно (должно быть), прекратили обсуждение иска.