ICLTE key terms

A legal system in which judicial decisions set binding precedents for later cases, alongside legislation; associated with England, the United States, and other former British jurisdictions.

A legal system built primarily on comprehensive written codes and statutes rather than binding case precedents, used across continental Europe, Latin America, and many other countries.

The principle that a court's decision in an earlier case binds lower courts, and sometimes the same court, when later cases raise materially similar facts and issues.

A written law enacted by a legislature, such as an act or code section, which takes precedence over judge-made rules where the two conflict.

A binding rule issued by an administrative agency under authority delegated by a statute, often supplying detailed requirements that implement the broader statutory framework.

The legal authority of a court or public body to hear a case or make decisions, or the geographic or subject-matter area within which that authority applies.

The rules that determine which country's or state's substantive law governs a dispute involving parties, events, or property connected to more than one legal system.

The set of institutions, rules, and processes by which a state makes, interprets, and enforces law, including courts, legislatures, and administrative agencies.

A word or phrase with a fixed, technical meaning in a particular field, which may differ from its ordinary meaning and must be translated consistently.

A word in the target language that looks or sounds similar to a source-language word but carries a different meaning, creating a risk of mistranslation.

The extent to which a target-language term or concept performs the same legal function as the source-language term within its own legal system.

A translation approach that seeks a target term or text producing the same legal effect or function as the source, even when the literal wording differs.

The original document or utterance being translated, including its formatting, terminology, and legal effects that the translator must preserve or account for.

The translated document or utterance produced in the target language, which must convey the source's legal meaning accurately and read naturally for its intended audience.

The level and style of language appropriate to a particular setting, audience, and purpose, such as formal legislative drafting versus plain-language client correspondence.

Dense, highly formal legal writing characterized by long sentences, archaic terms, and nominalizations, often difficult for lay readers but sometimes required by convention.

Clear writing that uses ordinary words, short sentences, and logical structure so the intended reader can understand the content on a first reading.

The presence of more than one plausible meaning in a word, phrase, or provision, which a translator must resolve or preserve according to the source's intended legal effect.

A translation accompanied by a signed statement from the translator or agency attesting that it is complete and accurate, often required for official or court filings.

A translation prepared and signed by a translator authorized in a particular jurisdiction, typically bearing an official stamp and accepted by courts or public authorities there.

A public officer authorized to witness signatures, administer oaths, and certify documents, whose certification may be required before a translated document is accepted officially.

A standardized certificate issued under the Hague Convention that authenticates a public document for use in another member country, replacing lengthier consular legalization.

A written statement of facts confirmed by the maker's oath or affirmation before an authorized person, often used as evidence in legal proceedings.

Out-of-court testimony given under oath and recorded for later use in litigation, typically involving examination and cross-examination by the parties' lawyers.

A written instrument authorizing one person to act on another's behalf in specified legal or financial matters, often requiring precise translation of scope and limitations.

A contract clause excusing performance when an unforeseen event beyond the parties' control makes performance impossible or impracticable, subject to the clause's wording.

A contractual promise to compensate another party for specified losses or liabilities, often including third-party claims, and distinct from insurance.

A contractual statement or promise about facts or quality that, if breached, gives the other party a remedy, as distinguished from a representation.

A statement of fact made by one party to induce another to enter a contract; if false, it may support a claim for misrepresentation rather than breach of warranty.

The duty to protect information shared in a professional relationship from unauthorized disclosure, subject to exceptions such as client consent or legal compulsion.

A situation where a translator's or interpreter's personal, financial, or other interests could improperly influence professional judgment or harm a client's interests.

A legal protection that prevents certain confidential communications, such as those between lawyer and client, from being disclosed or used as evidence in proceedings.

A database storing previously translated segments and their sources so that a computer-assisted translation tool can suggest or reuse them, improving consistency and speed across projects.

Computer-assisted translation software that segments source text and offers translation memory, terminology, and quality-checking features while the translator makes final decisions.

The systematic process of recording, standardizing, and maintaining approved terms and definitions for a project or organization to ensure consistent translation.

Planned checks and processes, such as automated checks and bilingual review, designed to prevent or detect translation errors before delivery.

A careful bilingual comparison of source and target texts to identify errors in meaning, terminology, or legal effect, typically performed by someone other than the original translator.

A monolingual check of the target text for spelling, grammar, punctuation, and formatting, without systematically comparing it to the source.

Translating a target text back into the source language to check meaning and spot discrepancies, often used in quality assurance or questionnaire adaptation.

The investigation and verification a party conducts before a transaction, assessing legal, financial, and operational risks, often producing extensive documents requiring translation.