A legal translation is any translation used within the legal system. This can mean all manner of documents required by the civil and criminal justice systems. It includes documents such as contracts, patent and trademark filings, court and witness transcripts, depositions, registration documents, expert reports, legal disclaimers, affidavits, regulations, laws, confidentiality agreements, legal certifications and statements, government and legal ruling reports, letters of credit, technical documents to support litigation efforts , licenses, litigation and arbitration documents.
The list of legal translation is endless and we must also bear in mind that other documents become ?legal? when they cross into the civil and criminal justice systems.
Examples include passports, death certificates, birth certificates, last wills and testaments, immigration documents, marriage certificates, powers of attorney, evidentiary recordings of phone calls, police interviews, court documents, contracts, complaints, judgments, affidavits, judgments, adoption papers, summons, legal proceedings, trusts, partnership deeds, sales contracts, real estate titles or leases papers, permits, insurance policies, trademarks and copyrights, service agreements, escrow instructions, distribution agreements or arbitration documents.
The main question is when a document needs to be translated legally and the answer is when whenever the document is to be used by the courts or for legal matters. If, for example, you moved to another country with your family and died there, you would need a sworn or notarized translation of the will in the language of that country in order to go through the relevant legal proceedings of that country.
It is always best to have these things done in advance rather at the last minute at times of stress when mistakes are more likely to occur. After all, in a lot of cases these events will definitely occur so why add the extra stress.
This brings us to our next question. Who can do a legal translation and how do we know they have the credentials and qualifications to do the translation. In Spain for example a legal translation needs to be translated by a sworn translator. A sworn translator in Spain takes periodic exams with the Spanish Ministry of Foreign Affairs. On passing these exams the sworn translations are accompanied by their stamp. In the United States it is less clear cut in that there are no official exams or licenses. There are voluntary certifications given by bodies such as the American Translators Association and the National Association of Judiciary Interpreters & Translators. These bodies work along similar lines to the Spanish Ministry of Foreign Affairs in that the translators and interpreters have to pass periodic exams to maintain their status. Some translators may have a relevant legal background such as a law degree. When choosing a legal translator it?s really important that the translator or Agency has a demonstrable legal qualification or experience.
To make a legal Translation official a professional translation agency should be able to certify or notarize their translations with the relevant stamp from that particular country. At One stop Shop legal translations are notarized or stamped according to the country the translations are intended for. I would now like to define a few essential terms for legal translations that may help you decide in choosing the best qualified translator in the country you wish to use the translation.
A certified translation as one that has a document accompanying it attesting to its accuracy or validity, but is not notarized. With a notarized translation the accompanying certificate is notarized by the relevant legal representative.
A sworn translation has the official stamp of the sworn translator who is regulated by a Government body in that country
Below is a list of the qualifications per country used by One Stop Shop Translations to ?legalize? a translation. In the case where a translator is sworn the translation is sworn in that particular country in order to legalize it.
French Legal Translation: Translators sworn and registered with a Regional court of Appeal in France
Spanish legal translation: Translators sworn and registered with the Spanish Ministry of Foreign affairs
German Legal translation: Translators sworn and registered with a regional court in Germany.
Italian Legal translation: Translations are sworn at the local Italian court of Justice on a case by case basis. Some legal translations need to be notarized before a notary and the relevant parties.
Austrian Legal translation: Translators sworn and registered with a regional court in Austria.
Dutch Legal translation: Translators sworn and registered with a regional court in Holland.
Portuguese Legal translation: Translators sworn and registered with a regional court in Portugal.
Czech Legal translation: Translators sworn and registered with a regional court in the Czech republic.
Polish legal translation: Translators sworn and registered with the Polish Ministry of Justice
Romanian legal translation: Translators sworn and registered with the Romanian Ministry of Justice
Turkish legal translation: Translators sworn and registered with the Turkish Ministry of Foreign affairs.
Venezuelan Legal Translation: Translators sworn and registered with the Venezuelan Ministry of Justice
U.K. legal translation: no sworn translation system.
Argentinean Legal Translation: Translators sworn and registered with the Argentinean Ministry of Justice
U.S. legal translation: No sworn translation system. Translators are registered with the ATA (American translators association)
Mexican Legal Translation: Translators sworn and registered with the Mexican Superior Court of Justice
Norwegian Legal Translation: Translators sworn and registered with the Association of Government Authorized Translators.
South African Legal Translation: Translators sworn and registered with the South African High Court.
Swedish Legal Translation: Translators sworn and registered with the ?Kammarkollegiet?.
By: Mark Kieran
Posted:
I used to practice law, but hated it, so I abandoned the profession after several miserable and frustrating years. However, I did enjoy the intellectual side of the law, and found my most satisfying moments during the hours I would spend in the law library doing research, wading through piles of books as I looked up statutes and case law in order to resolve some thorny legal issue. But that was one of the very few things I enjoyed about practicing law, and I am grateful beyond measure that that part of my life is now over.
During my lunch hour today, I went to the Superior Court Law Library with camera in hand, and decided to take some pictures under available light ? in this case, sunlight streaming through a window ? using a legal text, my glasses, and my fountain pen as props. I wanted to have some fun with it, too, so I pulled this particular volume off the shelf and opened it to one of the more amusing case-law decisions in recent memory: United States ex rel. Gerald Mayo v. Satan and his Staff, 54 FRD 282 (E. D. Pa. 1971). In this case, a judge in a United States District Court denied leave to the plaintiff to proceed "in forma pauperis" ? that is, without paying the filing fees ? in a lawsuit the plaintiff had filed against Satan. That?s right ? the devil, Beelzebub, that fellow. In a tongue-in-cheek memorandum that the judge or his clerk must have had oodles of fun writing, the court noted that Satan was a "foreign prince," as such without standing to be sued in an American court, and that the plaintiff, in the paperwork he had submitted when he filed the case, had failed to include the required form of instructions to enable the United States Marshal to serve process on the defendant.
For a time, I had fantasies about someday serving on the U. S. Supreme Court, and finding a way to cite this case as precedent for one of my own decisions.
Date Taken: 2005-12-19 12:20:34
Owner: gwilmore
Source: http://www.container-world.com/2011/07/all-you-need-to-know-about-legal-translation/
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