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Guest Post: How to study legal English

Understanding technical terms in a foreign language is always a great challenge. With increasing collaboration between countries in the commercial and economic industries, the exchange of information flows very quickly.

Imagine a Brazilian doctor who has the opportunity to take a specialization course in an English-speaking country. Studying medical technical terms in English is of paramount importance and may not be easy. The doctor will have to study the meaning of words like head, surgery, scalpel, and other expressions in English. Good dictionaries and reference material are essential. Once the doctor learns these and other key terms in the English language, they are prepared to take medicine lessons in an English speaking country.

Let us now look at the example of a Brazilian lawyer who has the opportunity to take an L.LM. in the United States. Just like the doctor I mentioned in the paragraph above, they will have to study technical language in English, in this case, technical...

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Balancing Fidelity and Transparency: Formal Equivalence

What are we talking about when we talk about formal equivalence? According to Harvey, formal equivalence or ‘linguistic equivalence’ means a ‘word-for-word’ translation. Using examples from French into English, Harvey holds that authors differ over the acceptability of formal equivalence, but still maintain that formal equivalence is the dominant method in legal translation; which “[i]deologically speaking […] is in keeping with the dogma, long imposed on legal translators, of literal translation or adherence to the letter rather than the spirit” (Harvey 2002).

Harvey’s examples are not original. Citing other authors, he exemplifies formal equivalence with “Conseil constitutionnel = Constitutional Counsel” (Cairns and McKeon 1995) and “notaire = notary” (Dickson 1994) (for an analysis of how this second example fails between Spanish and English, see (Arturo 2019)). But aside from lacking in originality,...

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United States District Court finds Google Translate ‘literal but nonsensical’ (and inadvertently proves fidelity to source does not equate to literality)

I. The Facts of the Case

Imagine you’re driving down the highway in a foreign country and you get stopped by the police. You don’t speak the local language and the officer who stopped you doesn’t speak your language either. The officer takes out his laptop, types something into Google Translate, which then spits out nonsense, and the next thing you know, you’re under arrest.

That’s what happened to Omar Cruz-Zamora on September 21, 2017 when he was stopped by Kansas Highway Patrol Trooper Ryan Wolting. Unable to communicate with Spanish-speaking Cruz-Zamora, and not knowing that his police department had human interpreters available, Wolting used Google Translate to ask for the defendant’s consent to search his car, where he allegedly found methamphetamines and cocaine.

According to the case report: “Wolting testified that there was no department policy against using Google Translate, but admitted a live translator would be more...

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