Текст книги "Грамматические трудности перевода. Английский язык для юристов"

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.

15. It is recommended that you should conduct an Internet search for legal expressions together with the name of the jurisdictions.

Conscience is the inner voice that warns us

that someone might be looking.

H. L. Mencken

14. Модальные глаголы May, Must, выражающие предположение, уверенность

MODELS

May / might

You may (might) have read his account of the case.

Вы, возможно (может быть), читали его отчет об этом деле.

Must

The parties concerned must have stopped debating the claim. Заинтересованные стороны, очевидно (должно быть), прекратили обсуждение иска.

1. Economists say that inflation might double and even treble in the near future.

2. This politician used to be known as a tough old guy and people must have had reasons to think so.

3. The Prime Minister mentioned that a more radical stand on the issue must have enabled his party to avoid defeat.

4. Individual companies might have been more efficient if they had been liberated from central management.

5. Without a constructive means of tackling disputes among WTO member countries, some of them might have led to a serious political conflict.

6. Both sides in the cause must have grasped that they were living on “only one earth”.

7. The court can never know exactly what was in the head of a criminal at the time of committing the crime, so it has the difficult task of deciding what his intentions must have been.

8. Disobeying the court may have contributed to his criminal conduct.

9. In most countries a person cannot be found guilty if in a doctor’s opinion he might not have been responsible for his action because of mental illness.

10. Civil law determines which of the 2 parties to a dispute is in the right and the party in the wrong is often obliged to compensate the other for any loss that may have been caused.

11. The plaintiff claimed lost profit which they might have made if the equipment delivered on time had enabled them to take on new contracts.

12. Sometimes it may become clear to the lawyer in the course of his discussion with the client that the client has other problems of which he may have been unaware.

13. The European Court of Justice is made up of a mixture of professional judges, academic lawyers and public servants unlike the British courts where the judges must all have been practicing barristers.

14. Court justices may have been Senators, Attorney Generals or teachers in law schools, before their appointments not all of them were judges or lawyers in private practice.

15. Some countries must have reached advantageous trading positions by achieving low-cost production with methods that are not politically acceptable in many democracies.

Whom the gods would destroy,

they first make mad with power.

Charles A. Beard

15. Модальные глаголы Will, Would для выражения повторяемости действия или привычного состояния

MODEL

In any community man-made rules will develop to control the relationships between its members.

В любом сообществе для упорядочения взаимоотношений между его членами людьми (обычно) вырабатываются правовые нормы.

1. In cases where a jury is present in civil proceedings, the judge will sum up the case forjurors, if there is no jury, the judge will deliver his judgement.

2. The judge does, in fact, two things: he gives his actual decision between the parties, and he will also give his reasons for reaching that decision.

3. In High Court there are various ways by which money can be obtained from a debtor who will not pay.

4. In an accident claim the negotiations will usually be between the injured person’s solicitor and the other party’s insurance company.

5. A defendant found guilty by the magistrates may appeal to the local Crown Court and the Crown Court judge will hear the appeal without a jury.

6. Appeals heard by the House of Lords require a minimum of three judges but in practice five will usually sit.

7. A newly-called barrister will take a room in existing chambers and wait for work to be given to him by a solicitor.

8. When the solicitor does not appear an advocate himself, he will be responsible for matters preparatory to the trial.

9. Discovery of documents means that each side will give the other the opportunity to inspect documents relevant to the case.

10. As a general rule the English court will not order the specific performance of an employment contract.

11. Tort liability assumes that a civilized society people will not intentionally injure others or their property, and that all persons will exercise reasonable care in their activities.

12. When no objections to an arbitral award are filed within a statutory period, the award becomes final and a court will enforce the award just as it would a judgement of the court.

13. The contract which the leaseholder signed with the freeholder would require him to fulfill certain obligations, such as paying rent and keeping the building in a good condition.

14. In England the courts of common law and of equity existed alongside each other for centuries but if an equitable principle would bring a result different from a common law decision on the same case it prevailed.

15. On days when there is legislation to be considered the chairman of the committee which has considered the matter will take a motion for the consideration of a bill.

If a man breaks another man’s bone,

his bone shall be broken.

Hammurabi’s Code

16. Модальный глагол Shall c оттенком долженствования (в официальных документах)

MODELS

Shall

1) глагол-сказуемое в настоящем времени

The term of office of judges shall expire when they reach the age of 70.

Срок полномочий судей истекает по достижении ими 70 лет.

2) должен, обязан, обязуется + глагол

The judges shall be of high moral character.

Судьи должны обладать самыми высокими моральными качествами.

No one shall be required to perform forced or compulsory labour.

Никто не должен привлекаться к принудительному или обязательному труду.

1. This agreement shall be governed by the laws of England and Wales.

2. Any reservation made under this article shall contain a brief statement of the law concerned.

3. This Convention shall be of unlimited duration.

4. Reasons shall be given for advisory opinions of the Court.

5. According to article III of the Constitution “the judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as the Congress may from time to time ordain and establish”.

6. The US Constitution states that, in all criminal prosecutions, the accused shall enjoy the right of a speedy and public trial by an impartial jury.

7. In the event of a conflict between Community law and national law, Community law shall take precedence.

8. The International Court of Justice shall consist of fifteen members, no two of whom may be nationals of the same state.

9. All members shall settle their disputes by peaceful means.

10. If any party to a dispute refuses to take part in the arbitration, the arbitration shall proceed notwithstanding such refusal or failure.

11. The arbitration award shall state the reasons for its decisions and contain information about the arbitration membership.

12. In case of the liquidation of a legal entity the creditors' claims shall be satisfied in a certain order of priority.

13. Moral harm shall be compensated for regardless of the fault of the person responsible for inflicting the harm if it was caused as a result of the dissemination of defamatory information.

14. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrary deprived of his life.

15. No one shall be held in slavery: slavery and the slave-trade in all their forms shall be prohibited.

16. The law shall prohibit any discrimination and guarantee to all people equal and effective protection against discrimination on any ground.

17. Under the Berne Convention (1971) copyright protection shall extend to expressions and not to ideas, procedures, methods of operation or mathematical concepts as such.

18. The Distributor shall pay the Company for all the Products purchased hereunder not later than thirty days from the date of the Invoice.

It is not work that kills men, it is worry.

Proverb

17. Эмфатические конструкции It is/was… which / that / who / when; эмфатический глагол Do

MODELS

It is… that

It is education that economists regard as the best investment in the future.

Именно образование рассматривается экономистами как наилучший вклад в будущее.

Эмфатический глагол Do

Freedom cannot be absolute, as we do live in an interdependent society.

Свобода не может быть абсолютной, так как мы действительно живем во взаимозависимом обществе.

1. It is seats which are important in Parliament, not votes, and it is easy to see why smaller parties would like a system of proportional representation.

2. The Prime Minister is usually leader of the majority party as well as head of Government and it is he who appoints other members of his team.

3. The vast maj ority of claims in tort are settled without actual resort to the courts and it is only where a settlement proves impossible that proceedings have to be started.

4. If the defendant wishes he can make a counterclaim, alleging that it is he who is the injured party and that it is the plaintiff who has broken a contract or committed a tort.

5. It was in the 15^th century when trial by jury became the dominant mode of resolving legal issues in Britain.

6. The work of English Magistrates Courts is largely criminal, but they do have a limited civil jurisdiction.

7. If a dispute does arise and is to be settled by arbitration each party appoints its arbitrator or arbitrators, who later choose an umpire.

8. It is patents and copyrights that are the main legal instruments for protecting intellectual property.

9. The WTO cannot claim to make all countries equal, but it does reduce some inequalities, giving smaller countries more voice.

10. Most countries do feel that it’s better to be in the WTO system than outside it.

11. Unlike regulations, directives and decisions, which are binding upon EU Member States, recommendations do not have legal force, although they do have a political weight.

12. It is not the comfort of big city lights but the economic position of the Russian regions that account for the imbalance between Moscow and the regions in terms of foreign investments.

13. It is threats to the environment which may ruin our future that can lead to collapse and despair.

14. Police do need a warrant to invade private property by other than ordinary means.

15. The Internet may not be completely lawless, but it does facilitate infringement of intellectual property laws on an unprecedented scale.

16. In common law it is the judge who takes part in the creation of law by providing legal solutions to the cases for which he is required to make a decision.

A mistake is not serious unless it is repeated.

18. Придаточные предложения, вводимые союзами Provided, Unless

MODELS

Provided (that) = on condition that, only if – при условии, что; в том случае, если; если только

All married couples, provided they live together, are entitled to claim compensation.

Все супружеские пары, при условии, что они проживают вместе, имеют право требовать возмещения ущерба.

Unless = if not, except if – если… не; за исключением тех случаев, когда

1. Unless the company’s articles provide otherwise, each shareholder has a right to transfer his shares freely.

Если в уставе компании не предусмотрено иное, каждый акционер вправе распоряжаться принадлежащими ему акциями по своему усмотрению.

Although the shareholders are the owners of the corporation, their role in management is usually limited unless the business venture is relatively small.

Хотя акционеры и являются собственниками корпорации, их роль в управлении обычно невелика, если только речь не идет об относительно небольшой компании.

2. Unless some special rules exist, contracts need not be in writing to be enforceable.

За исключением особых случаев, для того чтобы договор имел исковую силу, он необязательно должен быть составлен в письменной форме.

3. Some experts advise not going to court unless the expected settlement is greater than $100,000.

По мнению некоторых экспертов, обращаться в суд стоит только тогда, когда предполагаемая величина искового возмещения (цена иска) превышает 100 тысяч долларов.

1. Large meetings can be productive as brainstorming sessions for ideas, provided participants can speak freely.

2. Ground can be gained in the solution to this problem, provided there is mutual desire.

3. Putting your money under the mattress is probably not a good idea unless you live in a country with no investment opportunities.

4. If you want to return something that you have bought to a shop, you may be given a refund, provided you have a receipt.

5. In most American states minors can usually not be bound to contractual promises unless they involve necessaries of life such as food, clothing, shelter, medical care, and, in some states, education.

6. The task of improving the living standards is quite feasible, provided all national efforts are concentrated on economic development.

7. Individuals and groups of people, who run business as a partnership, have unlimited liability for debts, unless they form a limited company.

8. Death or bankruptcy of any partner automatically dissolves the entire partnership, unless otherwise provided.

9. One of the remedies the unpaid seller can have against the buyer is an action for the contract price, provided the property in the goods has passed to the buyer.

10. There is no obligation to arbitrate and nobody can make the parties refer their dispute to arbitration unless they express consent to do so.

11. Shareholders usually invest their money in a company, provided it will only do things specified in its Memorandum and Articles of Association.

12. Under British land laws the landholder owns the land throughout his life, unless he sells or gives it to someone else.

13. The magistrate may agree to conditional bail that is release the suspect, provided he puts up some money as security.

14. English Courts are bound by the decisions of previous courts, unless it can be shown that the facts differ from previous cases.

15. Under the WT O system rulings are automatically adopted unless there is a consensus to reject a ruling – any country wanting to block a ruling has to persuade all other WTO members to share its view.

16. Unless there are compelling circumstances, anyone who is accused is entitled to have an attorney present when a witness is asked to identify the accused as the one who committed a crime.

17. It is important to note that there is no copyright violation unless a work is actually copied.

If we are to abolish the death penalty,

I should like to see the first step taken

by my friends, the murderers.

Alphonse Karr

19. Условные предложения If smb is to do smth., If smth is to be done… для выражения намерения

MODELS

1. If we are to make inroads on crime we must make inroads on poverty.

Если мы намерены нанести удар по преступности, мы должны побороть нищету.

2. The need for measures to protect the environment becomes more urgent every day if nature is to be preserved.

Необходимость в мерах по защите окружающей среды с каждым днем становится все более настоятельной, если мы хотим сохранить природу (= чтобы природа была сохранена).

1. Man-made rules are essential if the community is to work properly.

2. If the Government is to handle the problem of poverty, there are a number of measures to be urgently taken.

3. Science is essential if environmental concerns are to be translated into practical actions.

4. If civilization is to survive, we must cultivate the science of human relationships – the ability of people to work together at peace.

5. Governments had to make and enforce appropriate law, if social control was to be exercised.

6. If statutes are to fit particular cases, they need to be specially interpreted by the courts.

7. If an appeal is to be made against the judgement, it must be made within a limited period of time.

8. If English and American courts are to decide how much in damages to award, they try to put the plaintiff in the same financial position that he would have been if the defendant had carried out the contract.

9. The applicant must satisfy a few requirements if he is to qualify for free legal aid.

10. If employers are to avoid the unwanted bad publicity of public hearings in employment tribunals they should try to reach out of court settlements which are favourable to employees.

11. Reseachers have found out that if negotiators are to be effective they should have a number of features – they prepare on the facts and the law, are efficient trial advocates and are self-controlled.

12. If you are to conduct some legal research before your lessons, you can use “Jurispedia” and Legal “Wikicity” which offer huge potential as Internet sources of information on legal matters around the world.

13. The WTO dispute settlement agreement stresses that “prompt compliance with recommendations of the DSB⁴ is essential if effective resolution of disputes is to be to the benefit of all Members”.

14. The GATT⁵ rules are helpful in ensuring nondiscrimination, but much more is required if transaction costs are to be reduced significantly.

15. If all the countries were to unite their efforts in the conquest of space, it would be of great value to science and would be welcomed by all the peoples.

Being deeply loved by someone gives you strength,

while loving someone deeply gives you courage.

Lao Tzu