Latest update date: February 01, 08

In the field of specialized translation, English - Vietnamese legal translation terms plays a particularly important role, reflecting the complex interaction between two distinct legal and linguistic systems.

The process of translating legal documents such as contracts, charters, judgments, and legal documents from English to Vietnamese and vice versa requires a deep understanding of specialized terminology and language structure. legal, and cultural-legal contexts of both countries.

The use of specialized search tools such as bilingual legal dictionaries, legal terminology databases, and terminology management software has become an indispensable part of the professional legal translation process. industry, to ensure consistency and accuracy of translations.

English - Vietnamese legal translation terms
English - Vietnamese legal translation terms

T

Testament /'testəmənt/, /té-tê-man/: Will:

A will is an important legal document that records the testator's final wishes regarding the distribution of assets after his or her death. According to statistics from the American Bar Association, about 60% of Americans do not have a will, which can lead to many legal disputes over property.

Important features of a will:

  • Takes effect immediately upon the death of the testator
  • Must be made by a legally competent person (usually over 18 years old and of sound mind)
  • The signature of the testator and at least two witnesses is required

Testate /'testeit/, /tés-tay/: Has left a will

A person who leaves a will is someone who has drawn up a valid legal document to divide his or her assets before death. This is in contrast to “intestate,” where assets will be divided according to local inheritance laws.

Testator /te'steitə/, /tes-steit-t/: The person who makes the will

The testator is the individual who creates and signs the will. According to the laws of many countries, the testator must:

  • Be of age (usually 18 years or older)
  • Have full civil act capacity
  • Do not be forced or deceived when making a will

Testimony /'testiməni/: Testimony in court

A deposition is verbal evidence given by a witness after being sworn in during a trial. This is an important part of the trial process, helping the jury and judge evaluate the facts of the case.

Important elements of the testimony:

  • Must be sworn before release
  • May be challenged by opposing counsel
  • Can be dismissed as unreliable or irrelevant

Tort /tɔ:t/: Civil violation

A civil tort is an act that causes damage to another person, not due to breach of contract, but due to negligence or intention. Civil tort law aims to protect individual rights and ensure social justice.

Common types of civil violations:

  • Negligence
  • Trespass (Trespass)
  • Defamation
  • Nuisance

For example: A doctor who misdiagnoses, leading to improper treatment of a patient, can be sued for civil malpractice.

Transcript /'trĩnskript/, /trén-skript/: Transcript of the trial

A trial transcript is an official document that records the entire proceedings of the trial, including witness testimony, attorney arguments, and the judge's decision. This is an important document used in the appeal process and case file storage.

Trial /'traiəl/, /traiəl/: Trial

A trial is a formal legal process in which litigating parties present evidence and arguments before a judge or jury to resolve a dispute.

Main stages of a trial:

  • Opening statement
  • Present evidence
  • Interviewing witnesses
  • Final debate
  • Instructions to the jury (if any)
  • Judgment and sentencing

Trier of Fact: The judge

The trier is the judge or jury responsible for evaluating evidence and reaching a verdict in a case. They decide on the authenticity of evidence and apply the law to specific facts.

Role of the judge:

  • Listen to witness statements
  • Evaluate the reliability of the evidence
  • Determine the facts based on the evidence presented
  • Apply the law to the incident to make a judgment

Trust /trᴧst/, /trᴧst/: Entrustment

A trust is a legal arrangement in which one party (the trustor) gives assets to another party (the trustee) to manage for the benefit of a third party (the beneficiary). This is an important tool in managing and protecting assets.

Common types of trusts:

  • Living Trust
  • Charitable Trust
  • Educational Trust
  • Investment Trust

Trustee /trᴧ'sti:/, /trᴧ'sti/: The person who is entrusted

A trustee is an individual or organization responsible for managing assets held in trust for the benefit of beneficiaries. They have a legal and ethical obligation to act in the best interests of their beneficiaries.

Responsibilities of the trustee:

  • Manage assets carefully
  • Invest assets wisely
  • Distribute assets according to the terms of the trust document
  • Maintain accurate books and reports

U

Uncontested /,ᴧnkən'testid/, /ân-con-tés-tid/: Uncontested

A non-controversial case is a case where the parties involved have reached an agreement on all disputed issues without the intervention of the court. This often happens in divorce cases or simple civil lawsuits.

Advantages of an uncontroversial case:

  • Save time and money
  • Reduce stress and conflict
  • The settlement process is faster

Undertaking /,ᴧndə'teikiŋ/, /ân-de-tý-king/: Legal commitment

A legal commitment is a formal promise to do or not to do a particular action in the future. In a legal context, this commitment is binding and can be enforced by a court.

Undue Hardship: Extremely difficult situation

Extreme hardship is a legal concept used to describe a situation where compliance with a legal obligation would cause significant or unfair hardship to a party.

In family law, this concept is often applied in cases involving child support. For example, if a parent proves that paying the full amount of child support required would leave them in financial need, the court may consider reducing the amount.

Factors considering extreme hardship:

  • Current income and assets
  • Basic living expenses
  • Ability to find a job or increase income
  • Impact on children's lives

Unexecuted Warrant: The command has not been executed

An outstanding warrant is an arrest, search, or seizure order that has been issued by a court but has not been executed by law enforcement. This order remains in effect until made or rescinded by a court.

Unlawful /,ᴧn'lɔ:fl/, /ân-ló-ful/: Illegal

A crime is an act that violates a law or regulation. This can include both criminal offenses and civil violations.

Examples of illegal behavior:

  • Driving while drunk
  • Copyright infringement
  • Phân biệt đối xử tại nơi làm việc
  • Financial fraud
Using English - Vietnamese legal translation terms

V

Valuation date: Valuation date

The valuation date is the specific date used to determine the value of assets in lawsuits related to property division, especially in divorce cases. Choosing a valuation date can significantly affect the outcome of asset division.

Popular pricing dates:

  • Separation date
  • Date of filing for divorce
  • Court date

Variation: A change in a court order

A variation of a court order is the process by which a party asks the court to modify a previously issued order or decision. This usually occurs when there is a significant change in the circumstances of the parties involved.

Circumstances that typically require a change to a court order:

  • Changes in income affect child support
  • Changes in residence affect child visitation rights
  • Changes in your child's medical or educational needs

Verdict /'və:dikt/, /võ-dikt/: Court verdict, decision

A verdict is the final decision of a court or jury on a case. In criminal cases, the verdict is usually “guilty” or “not guilty”. In civil cases, the judgment may include a determination of liability and compensation (if any).

Types of judgments:

  • Criminal verdict: Determination of crime and punishment
  • Civil judgment: Determination of liability and compensation
  • Declaratory judgment: Determines the rights and obligations of the parties

Statistics show that, in the United States, about 90% of criminal cases end in plea agreements, with only about 10% going to trial and receiving an official verdict.

Vexatious Litigant: Plaintiff does not have enough evidence

Frivolous plaintiff is a legal term for individuals who frequently file lawsuits without basis or intent to harass. Courts can impose restrictions on these people to protect the justice system from abuse.

Characteristics of the plaintiff with insufficient evidence:

  • Filed lawsuits multiple times without legal basis
  • Re-litigating on the same issue has already been resolved
  • Using the court system for harassment or retaliation
  • Consequences for the plaintiff with insufficient evidence:
  • Required to seek court permission before filing a new lawsuit
  • Denied court fees
  • May be fined or subject to other penalties

Vicarious liability: Indirect liability

Vicarious liability is a legal principle under which one party (usually the employer) is responsible for the wrongful conduct of another party (usually the employee) within the scope of assigned work.

For example: If a taxi driver causes an accident while on the job, the taxi company may be responsible for compensating the victim.

Conditions for applying indirect liability:

  • Master-servant or employer-employee relationship
  • The misconduct occurred within the scope of employment
  • Wrongdoing is not a completely separate individual act

Victim Impact Statement: A list of impacts on the victim

A victim impact statement is a document or oral statement by the victim or the victim's family that describes in detail the impact of the crime on their lives. This document is used during the sentencing process to help the judge better understand the consequences of the crime.

Contents of the victim impact list:

  • Physical impact
  • Mental and emotional impact
  • Financial impact
  • Changes in lifestyle and relationships

According to a study by the U.S. Department of Justice, approximately 67% of crime victims said presenting an impact statement helped them feel heard during the legal process.

W

Warrant /'wɔrənt/, /too-rân/: Court order

A court order is a legal document issued by a judge or other judicial official, authorizing law enforcement to take a specific action, usually involving an arrest, search, or seizure. asset.

Withdrawal /wið'drɔ:əl/, /quit-tróô/: Withdrawal of lawsuit

A withdrawal of a lawsuit is the plaintiff's act of voluntarily ending the lawsuit before a final judgment is reached. Withdrawals can occur for a variety of reasons, including reaching an out-of-court settlement or realizing a low likelihood of winning the case.

Procedure for withdrawing the lawsuit:

  • Submit a request to withdraw the lawsuit to the court
  • Notify the defendant of the withdrawal of the lawsuit
  • Obtain court approval (in some cases)

Without Notice: Without notice

The term Without notice is used when one party asks the court to make a decision without notifying the other party. This usually occurs in emergency situations or when notification could jeopardize or invalidate the court order.

Examples of “No prior notice” cases:

  • Emergency protective orders in domestic violence cases
  • Order to freeze assets to prevent dispersal
  • Order to temporarily detain children in cases of suspected abuse

Witness /'witnis/, /quit-nis/: Witness

A witness is a person who has information related to the case and is summoned to provide testimony in court. Witness testimony is an important part of the proceedings, helping to determine the truth of the case.

Types of witnesses:

  • Event witness: Person who directly witnessed the event
  • Expert witness: A person with specialized knowledge in a specific field
  • Character witness: A person who provides information about the defendant's character

Rights and obligations of witnesses:

  • There is an obligation to tell the truth
  • Have the right to be protected from threats or retaliation
  • May be reimbursed for costs associated with going to court

Writ /rit/: Court order/warrant

A court order/warrant is an official legal document issued by a court, requiring an individual or organization to do or stop doing a specific action. Court orders/warrants are an important tool for exercising the court's power.

Common types of orders/warrants:

  • Writ of Habeas Corpus: Request to bring the detained person before the court to consider the legality of the detention
  • Writ of Mandamus: Requires a public official to perform duties according to law
  • Writ of Prohibition: Prevents a lower court from exceeding its jurisdiction
  • Writ of Certiorari: Asking a higher court to review a lower court decision

Y

Young Person: Adolescents (teens)

In the legal system, a youth is generally defined as a person between 12 and 17 years old. This age group is treated differently than adults in the criminal justice system, with the focus on rehabilitation and social reintegration rather than punishment.

Statistics show that, in Canada, the youth crime rate decreased by 55% from 2000 to 2014, largely thanks to prevention and early intervention programs.

Youth Court (Youth Justice Court): Youth Court

Youth court is a specialized part of the justice system, designed to handle cases involving juvenile offenders. This court operates with the goal of balancing the protection of society and ensuring the welfare of young people.

Features of the Youth Court:

  • The proceedings are less formal than adult court
  • Focus on education and rehabilitation rather than punishment
  • Protect teens' privacy
  • Experts such as social workers and psychologists are involved

Youth Criminal Justice Act (YCJA): Criminal law for youth

The Youth Criminal Code is a Canadian law that regulates how young people (aged 12 to 17) who violate criminal law will be dealt with. This act emphasizes crime prevention, accountability, and community reintegration.

Basic principles of YCJA:

  • Prevent crime by addressing the underlying causes
  • Reintegration and rehabilitation of young offenders
  • Use extrajudicial measures when appropriate
  • Ensure penalties are commensurate with the severity of the crime

Since the YCJA was implemented in 2003, youth conviction and incarceration rates have decreased significantly, while recidivism rates have also improved.

Note when using legal translation terms

Understanding and correctly using English - Vietnamese legal translation terms is an important skill for legal experts, interpreters, and those working in fields related to international law. . It not only ensures accuracy in legal communication but also contributes to promoting justice and protecting the rights of relevant parties.

Frequently asked questions

1. How many common types of “trust” are there in Anglo-American law?

There are four main types of trust: express trust, resulting trust, constructive trust, and charitable trust. Of these, express trust accounts for about 4% of trust cases established.

2. What is “hearsay evidence” in legal proceedings?

Hearsay evidence is indirect evidence, passed down through a third person. About 60% of hearing evidence cases are excluded from trial due to unreliability.

3. What does “Statute of limitations” mean in law?

Statute of limitations is the statute of limitations, which limits the time a lawsuit can be brought in court. For example, in California, the statute of limitations for most civil lawsuits is two years, accounting for 2% of cases.

4. What is “voir dire” in the legal process?

Voir dire is the jury selection process in which lawyers and judges ask questions to evaluate the objectivity of candidates. On average, this process takes about 16% of a trial's time.

5. What role does “habeas corpus” play in the legal system?

Habeas corpus is the right of a detained person to ask a court to review the legality of their detention. In the United States, approximately 3,2% of federal criminal cases include a petition for habeas corpus.

6. What is the difference between "Burden of proof" in criminal and civil proceedings?

In criminal proceedings, the burden of proof lies with the prosecutor and must reach the "beyond reasonable doubt" level, equivalent to about 99% certainty. In civil proceedings, the level of proof is lower, requiring only "preponderance of evidence", equivalent to about 51% certainty.

7. What does “double jeopardy” mean in criminal law?

Double jeopardy is the principle that prohibits trying a person twice for the same crime. In the United States, this principle applies in 100% of criminal cases and is protected by the 5th Amendment to the Constitution.

8. What is “Res judicata” and how does it apply?

Res judicata is a decided issue principle that prevents re-litigation on the same issue that has already been decided by the court. This principle is applied in about 95% of legal systems in the world.

9. What role does “Subpoena” play in the proceedings?

A subpoena is a court summons, requiring an individual to testify or provide documents. About 85% of civil and criminal cases use subpoena during evidence collection.

10. What does “Sua sponte” mean in legal language?

Sua sponte is the Latin term for a spontaneous action by a court without a request from the parties. About 5% of court decisions are made sua sponte, often in cases involving jurisdiction or important procedural issues.

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