Thursday Thoughts – The Glamour of (TV) Law

Thursday Thoughts – The Glamour of (TV) Law, or, should legal TV shows be plausible, glamorous, or both?

The Glamour of (TV) Law - Suits

Many of us love our legal movies and TV shows, whether we are talking about thrillers, court dramas, lawyers and judges struggling with personal issues, practice stories, comedies or dramedies, or a bit of all this. We actually have a really wide choice when it comes to the relationship between law and entertainment.

Of course, strict adherence to reality is not a requirement, although we might expect a certain amount of plausibility. Still, what is “plausible?”. We have to find a common ground on this.

Take Suits, for example, my personal favorite, at the moment. And I dare say, a favorite of a lot of people, not necessarily working anywhere close to a legal field.

What do we like about it? Well, I can only speak for myself, but I think it’s that mix of funny, moving, relatable situations and characters, and, yes, glamour. Also, it comes with a lot of splendid legal words and expressions, including legalese made funny and even pleasant. Which is saying something, ain’t it?

But is it plausible? I suppose not, professionally speaking. The two protagonists are both handsome, extremely brilliant, not flawless, far from it, but all-in-all very likeable persons, with a high sense of loyalty and justice and strong ethical values. When they cross the line, it’s for the greater good.

They also handle millions as if they were pennies, deal with a number of extremely diverse cases and win (almost, or in the end) all of them. Even though there may be a price to pay, this is rarely the loss of self-respect due to unconscionable choices. In the real world, they wouldn’t get away with half the things they do and say. You may want to take a look at this post or this one (both from legal websites) to have a better idea of how the “real” life of lawyers looks like. But.

But this isn’t real world. Or isn’t it? We can relate, this is what matters. The language is real, the characters and their emotions feel real, their difficulties, insecurities, joys and losses are not different from ours, the script is amazing in that it makes it all seem so true“. Implausible and yet so true. And if we can learn legalese, empathize and have fun, well, what’s there to dislike?

Speaking of, I’ve been recently binge watching more and more TV shows,  (and I thought it wasn’t for me), and I’m planning to do something useful with them, including a few (well, a lot of) language-related posts. So, stay tuned!

You can find more on TV shows here (page about Supernatural) and here (blog posts on Downton Abbey).

 

Auguri / Season’s Greetings

Auguri

Ogni anno ha i suoi alti e bassi, ma forse pochissimi periodi hanno, come questo, scosso le nostre certezze.

In qualunque situazione, pensavamo sempre di poter contare sul contatto con le altre persone, su un abbraccio, un caffè, una cena tra amici.

Anche viaggiare, per me, era un “normale” conforto, anche solo nella forma di una gita fuori porta, vicino a casa.

Questo strano tempo ha rimesso in discussione tutto, e non so se ne usciremo migliori. Abbiamo pensato di poter passare più tempo leggendo e facendo torte, ma forse anche questo, alla lunga, non è bastato.

Il mio augurio è di continuare, comunque a trovare dentro di noi la forza di reinventarci sempre, sia che decidiamo, o siamo costretti, a cambiare lavoro, sia che continuiamo col lavoro di sempre, magari scoprendo nuove, inattese sfaccettature, nuovi modi di usare i nostri talenti, nuove capacità che ci aiutano a superare gli ostacoli e che potremo usare anche quando infine torneremo a vederci per un caffè, chiacchierare intorno a un tavolo, darci la mano o un abbraccio.

Word of the Day – Humdinger

Humdinger         A noticeable thing or person, a model of excellence.

10 Humdinger Antonyms. Full list of opposite words of humdinger.
Image taken from here

Maybe I should be ashamed, or embarrassed at least, for not having heard of this word until today.

After 53 years (and a half) in this world, as a linguist, reader and translator, with the love I feel for the amazing language that is English, how can I justify such a state of ignorance?

Anyway, here we are, I’ve discovered it – at last! and instantly fallen in love with it. I think I’m going to use it anywhere from now on. This is a humdinger of a contract, a humdinger of a legal English book, and so on, and so on…

And to start with, I’ve found this word thanks to this humdinger of a legal blog. The best, I think, when it comes to joining the best of two worlds together. The art of drafting a contract is a must for lawyers, but it comes in handy for legal translators as well. I strongly recommend taking a look as this website!

This article is part of the English Language category

https://dictionary.cambridge.org/dictionary/english/humdinger

Blackberry-picking and Sunset Watching

This evening I went blackberry-picking and sunset watching. These are the shots I’ve taken. It’s near the place I’m working from at the moment, the place I want to live in. No more words, just unconditional love.

 

Al mio Genio, nel giorno della sua nascita / To my Genie, who was born today

Robin Williams_my Genie and guiding light

Mork               Dr. Litney, io non le piaccio, non è così?
[…]. Ora, venendo a quel test a causa del quale mi odia…

Dr. Litney       Vostro Onore, io non odio quest’uomo, ma ieri, durante uno dei miei test, ha cercato di infilare un piolo quadrato in un foro rotondo.
Mork               Ma ci sono riuscito, Vostro Onore.
Dr. Litney       C’è riuscito, c’è riuscito, non so come abbia fatto, ma il pezzo non è più venuto fuori. Mi ha rovinato un’ottima tavola da gioco!

Il mio Genio, nato oggi, continua da Ork ad essere lo stesso  square peg in a round hole, un piolo quadrato in un foro rotondo, quel misto di onestà e dolcezza, leggerezza e profondità, quell’essere anticonvenzionalmente anticonvenzionale, ancora e sempre unico, ancora e sempre il mio amato Genio.

Mork             Dr. Litney, you don’t like me, do you? Now, about these tests you ran that made you hate me.
Dr. Litney:   Your Honor, I don’t hate this man, but yesterday, during one of my tests, he tried to put a square peg into a round hole.
Mork            But I did it, Your Honor.
Dr. Litney:    He did. He did. I don’t know how he did it, but I can’t get the peg out now, and it ruined a perfectly good board.

My Genie was born on this day. Now he continues, from Ork, to be the same square peg in a round hole, that unique combination of tough honesty, sharp eye and gentleness, lightness and depth; always unconventionally unconventional, always my beloved Genie/Genius. Amazing person, and my guiding light forever.

SUPERNATURAL IDIOMS – Season One, Episode Fifteen

Supernatural Idioms – Season One, Episode fifteen – The Benders (Minnesota)

Sam_Supernatural Idioms - Season OneDean_Supernatural Idioms Season 1 Episode 7

(you can find the previous episodes here)

A man named Jenkins is kidnapped. Sam and Dean investigate and find out this he’s the last in a long series of missing persons. When Sam goes missing too, Dean finds help from an unexpected source.

The police have not ruled out foul play

have not excluded a crime

I gotta take a leak

urinate

This is a piss-poor rescue

piss-poor = of a very low standard

Ned Beatty time, man

Jenkins is referring to a very famous scene in a 1972 film, Deliverance, in which Ned Beatty’s character was raped at gunpoint.

I ran your badge number… for accounting purposes and what have you

I checked into your badge number… for accounting purposes and various other needs

I have to take you in

take you to the police station, arrest you

Knock something loose

to free or to remove anything that limits the action of someone or something, cause something to break free

I don’t mean to press my luck

Dean says he doesn’t want to ask for more favors than he should (but…)

Let’s keep at it

Let’s continue doing what we were doing

Pull over

move to the side of or off the road

This is the first turn-off I’ve seen so far

turn-off = a junction at which a road branches off from a main road

Must be getting a little rusty there, kiddo

You are not as good as you were. Dean is surprised that some “people” (i.e. not monsters) may have defeated Sam. But the Benders are not “just people”, as he’s going to learn the hard way.

Demons I get, people are crazy.

One of Dean’s quotes I like most. I don0’t necessarily agree, but I can relate.

Sloppy

careless and unsystematic; excessively casual

Don’t sell yourself short

don’t undervalue or underestimate you, or underappreciate your good qualities

It’s not nice to marry your sister

Dean is implying the Benders are so crazy, there must have been intermarriages in the family.

You brought this down on my family          

bring something down on/upon somebody = to make something bad happen to someone, especially to yourself or to people connected with you

So you got sidelined by a 13-year-old girl?

Sidelined = prevented from playing or from doing something, stopped (Sam’s retort to Dean’s previous remark about his being “rusty”.

This post is part of the English Language category and of the Nerdy Passions category.

This is all for Supernatural Idioms – Season One, Episode Fifteen. The sixteenth one, tomorrow!

WONDROUS WORKTOOLS – Contractual Terms

Wondrous Worktools - Legal translation - contractual terms

WONDROUS WORKTOOLS – Contractual Terms discusses a very common issue we as legal translators have to deal with almost daily in our work. Well, this is the thing: are contractual terms always contractual terms? Actually not.

Terms and representations

In the first place, we have  terms and we have  representations. Only terms give rise to  binding obligations. If a party to a contract breaches a term, the other party (the innocent party) may bring an action for breach of contract.

A representation, on the other hand, is a statement of fact, on which a party has relied, and that has led such party to sign the contract, but it is not a term. In case of breach, the remedy available to the innocent party is an action for misrepresentation, which is an action in tort, and not an action in contract. The innocent party has a right to rescind the contract and/or claim damages. Again, it depends on whether the misrepresentation was fraudulent (intentional or reckless), negligent or innocent (without fault).

So, how do we translate these words? Well, we have “clausole” and “termini” del contratto and we also have “false rappresentazioni”. What helps us is that the parties usually declare in the contract the effect they wish to assign to each clause. Essentially, whether a breach of that clause is “fundamental” and may result in termination of the contract, or not.

Conditions and warranties

Did you really think it would be that simple? I know you didn’t. I know you, like me, have come across “General Terms and Conditions” and “Representations and Warranties” clauses, or expressions such as: “(the party) represents and warrants” (or “represents, warrants and undertakes/agrees”), etc. We’ve all been there, lawyers love doublets and triplets, don’t they?

So, we have terms and representations, but terms can be conditions or warranties. Conditions “go to the root of a contract”; their breach gives the right to discharge the contract. A breach of warranty, on the other hand, does not exclude the effects of the contract, but may give raise to an action for damages (action in contract).

These words are usually translated in Italian as “condizioni” e “garanzie”, but This may create confusion with other forms of condizioni (conditions precedent and subsequent) and of garanzie (such as the product guarantee). Expressions like  termini essenziali and  promesse/impegni/dichiarazioni vincolanti are probably more precise.

(then we also have puffs. but let’s not be bothered just now). We should always make sure to convey the underlying concepts in the closest manner viable.

But

in the case of misrepresentation, the innocent party may claim damages compensating for all direct loss incurred. In an action for breach of a term, you can only claim damages that were reasonably foreseeable and not too remote (likely to occur).

Parties include clauses

to limit their liability in case of misrepresentation , such as the entire agreement clause and the non-reliance clause. In order to produce their effects, though, they must be reasonable.

in conclusion

Both in drafting and in translating an agreement into another language, the meaning and the effects the parties wish to achieve are of the utmost importance and influence the words used.

 

Follow the links below for more info on contract terms, representations etc.

http://www.learnenglish4law.com/contract-law-the-difference-between-representations-and-warranties/

https://www.lawteacher.net/modules/contract-law/construction/terms/lecture.php

https://uk.practicallaw.thomsonreuters.com/4-501-4472?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1

https://www.burges-salmon.com/news-and-insight/legal-updates/limiting-liability-for-misrepresentation-key-issues-and-practical-points/

WONDROUS WORKTOOLS – Contractual Terms is part of the Legal Translation section of this website.

TEATIME IDIOMS – DOWNTON ABBEY 1-5

Tuesday Teatime Idioms – Downton Abbey 1-5

Tuesday Teatime Idioms – Downton Abbey 1-5 (Season One, Episode Five). Edith’s hope to win Matthew’s heart are crushed. In the meantime, Daisy is dealing with her uneasiness after seeing Mary and her mother carry Mr. Pamuk’s body across the house. Also, rumours are spreading about Mary’s “immoral” behaviour. Mr. Bates sees Thomas steal a bottle of wine.

Teatime Idioms - Downton Abbey

Daisy, what is the matter with you, you’re all thumbs

be all thumbs = be clumsy and awkward. Daisy is actually uncomfortable  in Mary’s room because of what she saw ,

We can’t just throw her over, when she made such an effort…

throw someone over = reject or abandon someone (esp. a lover). In this case, Mrs. Crawley, Matthew’s mother, hopes he will go along with Edith.

She’s barking up the wrong tree

bark up the wrong tree = have a wrong idea, or do something in a way that will not give you the result you want:  Matthew is not interested in Edith and doesn’t want to raise false hopes.

Your dear sister is always such a harbinger of joy

a harbinger of joy          a person who brings joy, It is usually sarcastic, meaning just the opposite:

As if Mary had been found somehow wanting in her character

found wanting = lacking what is wanted or expected as to his or her moral qualities.

Anthony Strallan is at least my age and as dull as paint

as dull as paint = boring

She had a bit of a turn

have a turn = feel suddenly very unwell for a short period of time. Anna is talking about Daisy

Harp on something

keep talking or complaining about someone or something; to refer to someone or something again and again. O’Brien is telling Daisy not to keep talking about the Titanic.

Mr. Napier wasn’t in on it

be in on something = take part in something that is being planned or discussed, be involved, know about. O’Brien knows Napier didn’t know about Mary’s “adventure”, so he couldn’t have spread the rumours, and she suspects Thomas did it.

I just wrote that Lady Mary was no better than she ought to be

no better than you should (or ought to) be = regarded as sexually promiscuous or of doubtful moral character. This phrase, used typically of a woman, is now rather dated. Thomas wrote about Mary to a friend of his.

Not so much an open mind as an open mouth

a person who is not so clever and talks too much.

Mr. Bates saw me nicking a bottle of wine

nick = steal

I wish we could be shot of him

get shot of someone = get rid of, get away from. Still Thomas talking to Mrs. O’Brien, he wishes he could get rid of Mr. Bates because the latter saw him “nick” a bottle.

Turn the tables on him, before he has the chance to nail you

turn the tables = reverse one’s position relative to someone else, especially by turning a position of disadvantage into one of advantage; nail = catch someone (in the act of) doing wrong, catch someone red-handed (or, in this case, report someone for the wrong you’ve seen). O’Brien advises Thomas to blame Mr. Bates before Bates tells anyone about what he saw.

Not now every tom, dick and Harry seems to have a motor

Not now it seems everyone has a car. Lord Grantham has, as usual, mixed feelings about modern inventions.

I’m late enough as it is

I’m already late. Daisy doesn’t want to talk about Mr. Pamuk and Mary, but she’ no match for meddling Mrs. O’Brien (and Thomas).

Papa’s sister is always nagging him to send supplies to London

nag someone = to harass them constantly to do something they are averse to, keep asking someone to do something.

My mother’s trying to set something up

set something up = plan or organize. Matthew knows his mother has plans to fix him up with one of Lord Grantham’s daughters (to which he is averse, unless it is Mary).

She’s no use to man or beast in that state

(Gwen) cannot work as she’s unwell. she’s actually preparing for her job interview.

Have you taken leave of your senses?

Take leave of your senses = go mad or crazy, behave or say something that is not sensible or reasonable. Mrs. Patmore is telling Daisy off because of her bad choice of words, but mainly because she (Mrs. Patmore) is upset. we don’t know why yet. She cares for Daisy a lot, actually, but takes it out on her because she’ going through a hard time.

Mrs. Patmore looks ready to eat her (Daisy) alive

eat someone alive = cause someone great pain or distress

She’d never give me away

give someone away = reveal something negative about someone, when you’re not supposed to, betray, expose

She never got a look in

(Edith) never had a chance to be considered by Patrick (the heir-to-be who drowned on the Titanic), as he knew he had to marry Lady Mary.

Sometimes we are not at liberty to speak

We are not free to say what we want. Mr. Bates is basically saying he likes anna a lot but is not free to speak openly (because he’s still married to another woman).

Are my eyes deceiving me?

I cannot believe what I see (Lord Grantham has noticed a very precious miniature snuffbox missing from his collection).

I’m sure she’ll be back I  the shake of a lamb’s tail

Lady Sybil has accompanied Gwen to her job interview, they are late because their horse has cast a shoe, and Mrs. O’Brien is trying to reassure Lady Grantham, by telling her she will certainly be back soon.

You look done in

done in = exhausted, worn out, very tired (Anna talking to Gwen).

My heart goes out to you

I feel sympathy for you, I’m sorry for you (Edith wants Daisy to tell her what she knows about Mary and her secret).

Unsullied reputation

unsullied = unsoiled, untarnished. Lady Grantham is telling Mary she must get married as soon as possible (and almost with anyone at hand) because she is not “virtuous” after what happened with Pamuk. Of course, Mary won’t be persuaded.

What the eye can’t see, the heart won’t grieve over

You cannot be upset by something you do not know about (Mrs. Patmore is going to serve the chicken for dinner, although it fell on the floor, because she hasn’t a choice, but no one is happy about it).

Not for all the tea in China

for all the world, not for love or money. thomas says he wouldn’t want to be in Bates’s shoes because he knows very well they’ll find the snuffbox in his room (as he placed it there himself).

Fains I be Mrs. Patmore’s kitchen maid

I would like to be… Lord Grantham is probably saying this ironically, as a kitchen maid usually takes the blame for everything bad that happens.

You’re not in the line of fire

you’re not being attacked, we aren’t going to criticize you for this (Mr. Carson tells Daisy he knows she isn’t to blame for the salt in the pudding).

Fight fire with fire

use the weapons or tactics of one’s enemy or opponent, even if one finds them distasteful. Anna tells Bates that he should hide the snuffbox either in Thomas or in Mrs. O’brien’s room, as they tried to nail him for the theft).

It doesn’t do to leave these things too long

it’s better not to…

 

I wish to thank TFD (The Free Dictionary) for its existence, but also the Macmillan Dictionary, the Collins Dictionary, the Cambridge Dictionary

Teatime Idioms – Downton Abbey 1-5 is part of the English language section: look for more

MONDAY MOVIE 2 – Nosferatu

Monday Movie - Nosferatu

Monday Movie 2 – Nosferatu

Nosferatu is a horror movie

directed by F.W. Murnau. I’ve appreciated the fact that it leaves a lot to the imagination. Violence is not too explicit and I like that, as I’m not into gore at all.

It wasn’t a huge success with the public, and it had to deal with legal proceedings

instituted by Bram Stoker’s heirs. The film’s story is in fact based on Stokers Dracula, and his heirs filed a suit for copyright infringement. The court ordered all copies to be destroyed, but one narrowly escaped.

Apparently, it was unusual at the time to shoot a film in the places where the story is actually set,

Eastern Europe in this case, with only a few studio reconstructions. It’s a choice that pays off. The “real” landscape, together with a more expressionist vision, especially (but not only) inside the castle, as well as the play of shadows, increase the intentionally disquieting atmosphere and enhance the suspense in the film.

What I’ve liked least is the acting.

Ok, theatricality was a bit of a must in old cinema (less than we may think, though), but this is taking it too far! Expressions and grimaces are exaggerated to the point of ridiculous, here and there. I’ve also found it a bit too long and heavy at times.

Murnau throws in a couple of very interesting ideas,

but doesn’t develop them much further. One is the punishment for those who do not believe in anything immaterial. Thus, Hutter laughs at the mysterious book and triggers a series of tragedies. The other, even more interesting theme is that of the sacrificial victim. The angry mob looks for a scapegoat to blame for the plague.

The leitmotif seems to be the blood-thirst, which is very understandable. the First World War had just ended and many had sacrificed their lives in that huge carnage.

Monday Movie 2 – Nosferatu is part of the Movieland series. Have a look at the Film vocabulary too! (This is a frequently updated website page).

You can also find more movie-related words here, here or here

SUPERNATURAL IDIOMS – SEASON ONE, EPISODE FOURTEEN

Supernatural Idioms – Season One, Episode fourteen – Nightmare (Saginaw, Michigan)

(you can find the previous episodes here)

Sam’s having nightmares again, only, this time they don’t regard Jessica or people he knows, but some strangers with whom he seems to have nothing to do. When he and Dean get there, they find them already dead. Sam is worried and in pain because he doesn’t understand: what’s the meaning of these premonitions, if it isn’t to stop these events from happening? There is an answer to that, but it’s not reassuring at all.

I’m Father Simmons, this is Father Frehley.

Gene Simmons and Ace Frehley were members of the Kiss band. As we know from previous episodes, Sam and Dean almost always use names of famous actors or singers as false identities when they’re on a job

You wanna pitch your “Lord has a plan” thing? Fine… Don’t pitch it to me

Pitch = a speech or act that attempts to persuade someone to buy or do something.

Just tone it down a little bit, “Father”        

make it less extreme or intense, don’t exaggerate

Anything? Zip

Zip, like square jack, means nothing at all

He used to beat the tar out of Max

bit the tar out of sn. = beat them severely, hit them forcefully and repeatedly

How is he pulling it off?

How does he manage, how can he do it? You pull off something difficult, such as a feat, a miracle etc.

He’s gunning for a third

He’s making efforts, he’s taking steps, is going to try to kill a third person

Promise me you’ll follow my lead on this one

Promise me you’ll do what I’d to / do as I ask, follow my advice

Craps table

Craps is a dice game in which the players make wagers on the outcome of the roll, or a series of rolls, of a pair of dice. Players may wager money against each other (playing “street craps“) or a bank (playing “casino craps“, also known as “table craps“, or often just “craps“).

This post is part of the English Language category and of the Nerdy Passions category.

This is all for Supernatural Idioms – Season One, Episode fourteen. The fifteenth one, tomorrow!

The right words at the right time

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it_ITItaliano en_GBEnglish (UK)