Нина Огнева - Грамматические трудности перевода. Английский язык для юристов

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.

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.