Грамматические трудности перевода. Английский язык для юристов. Нина Владимировна Огнева
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 orders3 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