English Legal Training for Legal Translators 

 

 

ARE YOU A LEGAL TRANSLATOR?

 

 

Do you translate English contract documents and / or court or litigation papers such as statements of claim, defences, or judgments?

 

To do so confidently you need a familiarity with the standard lexicon of Common Law terminology and legal language and an understanding of some of the more common legal concepts.

 

A One-Day Course with Lexacom will give you an essential knowledge base or toolkit which will prove invaluable on a continuing basis.

 

The amount of terminology in English Law is substantial but much of it will appear and reappear in a whole range of contract documentation. So, many of the same or similar standard clauses will be included in ALL contracts. Likewise, statements of case (formerly known as “pleadings”) in civil litigation will also reproduce much of the same wording and expressions.

 

The aim of our course is to equip legal translators with basics. Everything in the course is “standard” in the sense that it can potentially apply to all contracts or all civil court actions whatever the specific subject-matter of the contract or litigation. Whether they are film contracts, loan agreements (banking), contracts in publishing or patents they are all subject to Common Law.

 

For the legal translator, mastering these basic terms should be the aim. You will be able to use most of this as a resource on which you will draw in all legal translation work.




Why is Common Law important?

Many cases which come before the English High Court and Court of Appeal involving, for example, large corporate mergers and acquisitions are decided on a basic Common Law point such as the absence of "consideration" or whether "time is of the essence" in contractual disputes, or whether a remedy should be ordered under the rules of Equity.

Example

Pena v Dale {2003} All ER {D} 416 MAR
High Court, Chancery Division

The Claimant alleged he was entitled to enforce an agreement (oral but confirmed by letter) that gave him an option to acquire shares in a company. The Defendants contested his claim, saying that, if there was an agreement, it was not enforceable due to certain conditions. The Court had to decide

a) whether an enforceable agreement (contract) existed

b) whether the Common Law remedy of damages was sufficient or whether to make an order for "Specific Performance", a remedy under Equity to enforce a transfer of the shares.

NOTE: Since April 1999 a civil action is now started by the "Claimant". The term "Plaintiff" is no longer correct. However, Defendants are still Defendants.
© 2009 LEXACOM ENGLISH LAW COURSES
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