Нина Огнева - Грамматические трудности перевода. Английский язык для юристов

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

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 warning 2to 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.

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

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.