Нина Огнева - Грамматические трудности перевода. Английский язык для юристов

В наши дни наиболее неотложной проблемой во всех уголках нашей страны является проблема соблюдения законности.

1. If a conflict arises between EU law and that of a member state, EU law takes precedence so that the law of a member state must be disapplied.

2. According to specialists the two central banks most independent of the government are those of Switzerland and Germany.

3. Many companies invest their profits in such spheres as sophisticated technologies and those giving fast returns.

4. A margin is the difference between the interest rates which banks pay to lenders and those they charge to borrowers.

5. Partnerships can be formed easily and the legal position of partners is not very different from that of sole traders.

6. Complaints from Russian businesses and their desire to see a simple and more effective tax system are similar to those of European and American businesses.

7. Ordinary Americans are much more interested in local politics than in those at the federal level.

8. The political power of the US Secretary of State is second only to that of the President.

9. The system of checks and balances is such an arrangement of government powers where powers of one government branch check and balance those of other branches.

10. Most legal systems in Europe, including that of Scotland and indirectly those in many other parts of the world, were strongly influenced by Roman law.

11. The House of Lords is considered the upper house of the British Parliament, but its political powers are much more limited than those of the lower house, the House of Commons.

12. International law comprises the regulation of relations between governments and also between private citizens of one country and those of another.

13. Private law involves legal problems which exist between individuals, in contrast to those in which society is concerned.

14. Good offices are similar to mediation in that they also involve a third party, however, the role of this third party is much more passive than that of a mediator.

15. The definitions of many torts closely resemble those of crimes.

16. A fundamental principle of modern international law is that of the equality and self-determination of nations and peoples.

But in this world nothing can be said to be certain, except death and taxes.

Benjamin Franklin

MODELS

1. The trial, which has been rumored everywhere for so long, is believed to be nearly completed.

Полагают, что судебный процесс, который столь долго находился в центре общественного внимания, почти завершен.

2. Their advertising methods seem to be in violation of the law.

По-видимому, их методы ведения рекламной кампании являются незаконными.

3. Local accountants or attorneys in business for themselves or small retail shops are likely to be sole proprietorships.

Местные бухгалтеры, юристы, занимающиеся частной практикой, а также владельцы мелких розничных магазинов, как правило, действуют в качестве индивидуальных предпринимателей.

1. The economic situation in this country is reported to be improving.

2. The conference is expected to be held on the premises of the Academy.

3. Punishment is thought, sometimes correctly, to act as a deterrent both to the convict and to others.

4. The invention is expected to be of great importance for the protection of the environment.

5. Political stability is generally thought to be a good thing, but economic changes are usually inevitable.

6. The registration of a company may be cancelled if its objects turn out to be illegal.

7. Contract damages are merely intended to compensate a plaintiff for his loss.

8. A lot of research has shown that people are more likely to read and believe publicity than advertising.

9. He seems to have excluded himself from the vice-presidential candidacy at the time when the public opinion polls report that he is most popular.

10. The British Queen is expected to be impartial or “above politics” and her political advice to the Prime Minister is kept secret.

11. A barrister is required to have reached an accepted educational standard and to have become a member of the Inns of Court 1.

12. In recent times lawyers have made efforts to make their profession less mysterious; after all, their job is supposed to clarify matters for the public, not to make them more complicated.

13. Lawyers try to explain exactly why a judicial decision has been made, even when the decision appears to be obvious common sense.

14. The overall acquittal rate is said to be increasing now that defendants have the right to be tried by a jury.

15. Due to the system of checks and balances the President is not as powerful as many people outside the US seem to think he is.

16. War crimes are understood to mean serious violations of international humanitarian law committed during international or non-international armed conflicts.

17. It is a criminal offence to publish anything which is likely to ‘deprave and corrupt’ people. This law is aimed at preventing the worst type of pornographic material from being published.

I think hardship is necessary for life to be good, for you to enjoy it.

If you don’t know hardship, you don’t

know when you have it good.

Wallace Rassmussen, President, Beatrice Foods, Chicago

MODELS

1. It is cheaper for a company to issue bonds than shares. Выпуск облигаций обходится компании дешевле, чем выпуск акций.

2. Some industrial projects are too sophisticated for experts to evaluate their effect on the environment.

Некоторые промышленные объекты настолько сложны, что эксперты не могут оценить степень их влияния на окружающую среду.

1. The problem under discussion was too complicated for the participants in the Congress to cope with.

2. All these factors aggravated the debt problem and it was impossible for the country to meet its external debt service obligations in time.

3. One of the ways to run a business is for two or more people to form a partnership in which they share management, profits and liabilities to debts.

4. There is always a need for management to give the front line personnel relevant guidelines for all activities.

5. The WTO is a forum for member governments to negotiate trade agreements and to try to sort out trade problems.

6. Judges do not merely apply the law, in some cases they make law, and their interpretations may become precedents for other courts to follow.

7. As a first step it is customary for the solicitor to try to settle a dispute without litigation.

8. It is necessary for at least ten of the twelve jurors to agree in order to find a defendant guilty.

9. It is now possible for barristers to be employed by firms of solicitors, companies, or other institutions as in-house lawyers.

10. Immediately after judgement has been given, it is usual for the counsel for the successful party to ask for costs, and this is a matter for the judge’s discretion.

11. It is possible for American candidates to win a majority in a state and still lose the popular vote and the Electoral College.

12. Cabinet officials are appointees of the President, so when the President’s service ends it is customary for the Cabinet to resign.

13. The US Special Courts have been established to handle cases which are sometimes difficult for a judge to understand.

14. It is essential for a sovereign state to be able to create such legal relations with other entities as it feels fit.

15. In recent years it has been difficult for intellectual property law to keep pace with technological change.

16. They say, there are a lot of young lawyers now, far too many for the legal job market to absorb.

17. It is illegal for businesses to conspire with each other in order to fix prices or divide markets between them.

Lawyers with a weakness for seeing the merits of

the other side end up being employed by neither.

Richard J. Barnet

MODELS

1. Rewriting laws is a slow and painstaking process. Пересмотр законов – это длительный и трудоемкий процесс.

2. Sometimes we can break rules without suffering any penalty.

Иногда мы можем нарушать правовые нормы, не подвергаясь за это никакому наказанию.

3. Some people have gone so far as describing political power (a consequence of lobbying) as one of the main components of marketing.

Некоторые люди настолько переоценивают роль политической власти (результат лоббирования), что считают ее одной из основных составляющих маркетинга.

1. In England the main decision for a future lawyer is between becoming a barrister or solicitor.

2. Many people believe the distinction between barristers and solicitors should be eliminated, but there are arguments for maintaining as well as removing the distinction.

3. The precedent is the rule of law which the first instance judge relied on in determining the case’s outcome.

4. Some transactions are so complex that few of us would risk making them without seeking legal advice: for example, buying or selling a house or setting up a business.

5. Punishing offenders, compensating the injured and enforcing agreements are merely some of the tasks of a modern legal system.

6. Many brutal methods have been used throughout history to execute condemned criminals, including being burnt alive, thrown to wild animals, boiled in oil, pressed to death, stretched on a rack, disemboweled and beheaded.

7. Assault is placing another in apprehension or fear of an imminent battery.

8. In countries where there is much political corruption certain people are able to escape justice by using their money or influence.

9. Common law or case law system differs from Continental law in having developed gradually throughout history.

10. On coming to office the British Prime Minister has to fill about seventy ministerial positions from the ranks of his supporters in Both Houses of Parliament.

11. If a partnership was set up for an indefinite period, it can be ended by any partner giving notice to all of the others.

12. Financial legislation may become law within a month of its being passed by the Commons, regardless of the attitude of the Lords.

13. Courts are often criticized for being biased, and incidents of judges handing down guilty verdicts to defendants under pressure from prosecutors are widespread.

14. The state, by assuming responsibility for chastising the criminal, reduces the risk of victims of crime ‘taking the law into their own hands’.