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Грамматические трудности перевода. Английский язык для юристов
Грамматические трудности перевода. Английский язык для юристов
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Грамматические трудности перевода. Английский язык для юристов

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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 orders

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.