Court Interpreter Written Exam (NCSC/BEI) flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Fewer versus less

'Fewer' modifies countable plural nouns, as in 'fewer jurors.' 'Less' modifies mass or uncountable nouns, as in 'less evidence.' Legal drafters frequently misuse 'less' with countable items.

Subjunctive were

In contrary-to-fact conditions and wishes, 'were' is used for all persons: 'If he were present.' Formal legal English retains this form in hypotheticals, motions, and suppositions.

Dangling modifier

An introductory participle must modify the subject of the main clause. 'Having been sworn, the interpreter read the oath' is correct; otherwise the modifier dangles and the sentence misstates who acted.

Restrictive versus nonrestrictive clause

A restrictive clause identifies which noun is meant, takes no commas, and is usually introduced by 'that.' A nonrestrictive clause supplies extra information, takes commas, and uses 'which.'

Shall versus may

'Shall' imposes a mandatory duty, while 'may' grants discretion or permission. Modern drafting guidance often replaces 'shall' with 'must' to avoid disputes over whether a duty or a prediction was intended.

Topic sentence

The sentence that states a paragraph's main idea, most often placed first or last. Locating it quickly answers main-idea questions and frames the supporting details that follow.

Inference versus assumption

An inference follows necessarily from evidence stated in the passage. An assumption supplies information the passage never provides. Only inferences are correct answers on comprehension questions.

Pronoun reference resolution

Identify the nearest preceding noun that agrees in number and gender and makes logical sense in context. Legal texts that use 'said party' or 'the same' require extra care.

Holding versus dicta

The holding is the court's necessary ruling on the issue actually presented. Dicta are incidental remarks in the opinion that do not bind later courts.

Arraignment

The initial court appearance at which the defendant is informed of the charges and enters a plea. It ordinarily follows arrest and the filing of a complaint, indictment, or information.

Indictment versus information

An indictment is a formal charge returned by a grand jury, usually for a felony. An information is a charging document filed directly by the prosecutor without grand jury action.

Motion in limine

A pretrial motion asking the judge to exclude or limit evidence before it is offered, often to prevent the jury from hearing prejudicial matter. The ruling may be revisited at trial.

Voir dire

A French-derived term for the examination of prospective jurors to test qualifications and bias. It also names the hearing on whether a witness is competent to testify.

Notario público false friend

In much of Latin America a notario público is a lawyer with special authority to draft and certify documents. That office is not equivalent to a U.S. notary public and should not be translated.

Peremptory challenge

A party's limited right to excuse a prospective juror without stating a reason. It cannot be exercised to exclude jurors on the basis of race or sex.

Sidebar conference

A discussion at the bench outside the jury's hearing. It remains part of the record, and the defendant is generally entitled to have it interpreted contemporaneously.

Order of trial

The sequence: opening statements, plaintiff's or prosecution's case, defendant's case, rebuttal, closing arguments, jury instructions, deliberation, and verdict.

Allocution

The defendant's right, before sentence is imposed, to address the court personally, often to offer mitigation, explanation, or apology. Interpreters must render it completely and without editing.

Actus reus and mens rea

The prohibited physical act or omission and the required mental state. The prosecution must prove both, along with causation where relevant, beyond a reasonable doubt.

Probable cause

A reasonable belief, grounded in facts, that a crime has been committed or that evidence will be found. It justifies arrest and warrants and is a lower standard than reasonable doubt.

Preponderance of the evidence

The civil standard of proof requiring that a claim be more likely true than not, conventionally described as greater than a fifty percent probability.

Res judicata

A final judgment on the merits bars the same parties from litigating the same claim again in a later suit. The doctrine promotes finality and conserves judicial resources.

Exclusionary rule

Evidence obtained through an unconstitutional search or seizure is generally inadmissible against the defendant at trial, subject to exceptions such as the good-faith exception.

Confidentiality duty

Court interpreters must not disclose information learned during an assignment, except as authorized by law or court order. The duty continues after the assignment ends.

Impartiality requirement

Interpreters render all statements without editing, summarizing, or slanting them, and must avoid side conversations, advice, or expressed opinions favoring any party.

Competence disclosure

An interpreter who lacks proficiency in a dialect, subject matter, or mode must disclose that limitation to the court rather than accept or continue the assignment silently.

First-person interpreting

The interpreter speaks as the speaker, saying 'I did not see him' rather than 'he says he did not see him,' preserving the directness of the record.

Correction of error

When an interpreter realizes a rendering was inaccurate, the interpreter should promptly inform the court and correct the record rather than leave the error standing.

Sight translation

The oral rendering, at sight, of a written text in another language. It is used for short documents in court and is distinct from full written translation.

Translator's note

A brief explanation appended to a translation identifying an untranslatable term, source ambiguity, or editorial choice, allowing the reader to assess the translation's reliability.

Date format ambiguity

Numeric dates such as 03/04/2025 denote different days under U.S. and European conventions. Translators should spell out the month or match the target convention explicitly.

Register preservation

Matching the formality level of the source, such as formal pleadings versus colloquial witness speech, so the translation carries the same legal and social effect.