Everyday Words with Surprising Legal Meanings
Translating legal terminology can be deceptively complex.
While legal jargon and unfamiliar terms pose obvious challenges, everyday words like "LEAVE," "SIT," "STAY," and even "FRIEND" may be just as tricky. These, like other seemingly simple words, often carry entirely different meanings in legal contexts, leading unwary linguists to believe they are being precise when they may not be.
It's a reminder that accuracy in legal translation and interpreting goes beyond understanding the words in general—specialist terminology is all about knowing the context to a point where we are not tricked by familiarity.
Here's a few common examples which pose often overlooked challenges that result in inaccurate renderings (I have added the Brazilian Portuguese versions of them as well).
Concerned
General English: To be preoccupied or worried.
Legal English: To be involved in something.
Example: He was concerned in the supply of drugs.
(He was involved, possibly in a lesser role).
Leave
General English: a verb meaning to go away.
Legal English: a noun meaning to have permission to do something.
Ex: The judge has granted the party leave to appeal.
(They have permission to lodge an appeal).
Immigration has granted him leave to remain.
(He is allowed to stay in a country).
Undertaking
General English: a task or enterprise; the business of managing funerals.
Legal English: a binding and enforceable promise made in court, which may give rise to serious consequences if breached.
Ex: You may undertake to release your partner from a joint mortgage. (You promise the court you will have them removed).
Stay
General English: The opposite of leave.
Legal English: to bring a court cause to a halt.
Ex: The judge has ordered a stay of the proceedings.
(The case will not proceed for the time being).
Sit
General English: to (cause someone to) be in a position in which the lower part of the body is resting on a seat or other type of support, with the upper part of the body vertical.
Legal English: to hold a session.
Ex.: The court will not be sitting this Friday (there won’t be any hearings).
Security
General English: being free from danger or threats of any kind.
Criminal Law (UK): money paid into court before the defendant is allowed out on bail, which can be forfeited in case they abscond.
Ex.: Before release on bail, the defendant may be required to provide security for his surrender to custody.
Friend
General English: a person with whom one has a bond of mutual affection and care.
Legal English (UK): a term used by advocates (lawyers representing clients in a hearing) address each other in court.
In court, a barrister is addressed by their counterpart as "My Learned Friend," whereas a solicitor is referred to as "My Friend."
Did you know these?