Нина Огнева - Грамматические трудности перевода. Английский язык для юристов

15. Instead of individuals being compelled to fend for themselves, the law oversees and coordinates public services that would be beyond the capacity of citizens or the private sector to achieve, such as defence or national security.

What is conservatism? Is it not belief in the old

and tried rather than the new and untried?

Abraham Lincoln

MODELS

Rather than – а не (не а), скорее… чем

Most lawyers work with a team rather than alone. One important member of that team is the paralegal. Большинство юристов работают не в одиночку, а в команде, и в ее составе обычно имеется помощник юриста.

Other than – помимо, кроме, иной… чем, отличный от, за исключением

The contract provided for the carriage of various goods other than deck cargos.

Контракт предусматривал перевозку различных товаров, помимо палубных грузов.

1. The basic idea behind the “marketing concept” is that you make what you can sell rather than sell what you make.

2. Many people think that lawyers are trained to give their clients answers, rather than bring them to agreement.

3. Some people argue that companies have to be careful never to cheat customers, but for purely business reasons rather than ethical ones: disappointed customers will not buy any more of your products in the future.

4. If your neighbour plays loud music late at night, you probably try to discuss the matter with him, rather than consulting the police.

5. Sometimes people are arrested for no reason other than their poverty.

6. Representation other than by lawyers has become an important form of representation before tribunals.

7. In medieval England judges attempted to apply existing customs and laws to each new case, rather than making the government write new laws.

8. The duties of barristers are governed by rules of professional etiquette which depend on customs and traditions rather than upon statute.

9. A defendant can file a counterclaim against a plaintiff, if another cause of action is involved, and it must be other than simply an answer to the claim of the plaintiff.

10. Barristers are invariably instructed by solicitors, rather than directly by the client, whereas clients go directly to solicitors.

11. In most criminal justice systems the majority of offenders are dealt with by means other than custody, i.e. by fines, probation or supervision.

12. Generally the House of Representatives rarely schedules an important meeting on the day other than Tuesday through Thursday, because there might not be enough members on hand for a quorum.

13. Arrangements whereby a person administers property for another person’s benefit rather than his own are called Law of Trusts.

14. An employee whose contract is terminated other than by being given notice of the required length can have a claim for wrongful dismissal.

15. The holder of a patent is often a company rather than the individuals who invent something in the course of their work.

16. Although members of the European Parliament are elected on a national basis, they sit according to political groups rather than their nationality.

17. An easement is the right of one other than the owner to affect another’s property interests and rights.

Since love grows within you, so beauty grows.

For love is the beauty of the soul.

Saint Augustine

MODELS

Since

1) поскольку, так как

Since marriage implies consent, states uniformly deny marriage licenses to the mentally incompetent.

Поскольку вступление в брак предполагает наличие согласия сторон, во всех штатах запрещено выдавать разрешение на вступление в брак лицам с психическими заболеваниями.

2) с тех пор, как; после того как

Since the law was altered, a great number of sentences have been reviewed by the Court of Appeal.

C тех пор, как в закон были внесены изменения, апелляционный суд пересматривает приговоры по большому количеству дел.

For – поскольку, ибо

The arbitrator has authority to settle the dispute, for the disputants agreed to abide by his decision.

У арбитра есть полномочия разрешать спор, поскольку стороны в споре согласны подчиниться его решению.

As

1) поскольку, так как

Competition law is very complex, as it combines economics and law.

Конкурентное право является очень сложной областью права, поскольку оно объединяет в себе экономическую и юридическую составляющие.

2) когда; в то время как; по мере того как

The heroism of law enforcement officers was graphically illustrated in the September 11, 2001, attack on America when officers were rushing to the World Trade Center twin towers as citizens were rushing from it.

Ярким примером героизма сотрудников правоохранительных органов стали события 11 сентября 2001 года, когда во время теракта полицейские стремились как можно быстрее добраться до башен-близнецов Всемирного торгового центра, в то время как простые граждане убегали оттуда.

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

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.