lataiwish

Academy of Graduate Studies/Benghazi
Fall 2006
Dr. Muftah S. Lataiwish
Wed. 17-20 p.m.
Course No. 767

Legal translation
Legal translation is the translation of texts within the field of law. As law is a culture-dependent subject field, legal translation is not a simple task.
Only professional translators specialising in legal translation should translate legal documents and scholarly writings. The mistranslation of a passage in a contract, for example, could lead to lawsuits and loss of money.
When translating a text within the field of law, the translator should keep the following in mind. The legal system of the source text is structured in a way that suits that culture and this is reflected in the legal language; similarly, the target text is to be read by someone who is familiar with another legal system and its language. Most forms of legal writing, and contracts in particular, seek to establish clearly defined rights and duties for certain individuals. It is essential to ensure precise correspondence of these rights and duties in the source text and in the translation.
Apart from terminological lacunae, or lexical gaps, the translator may focus on the following aspects. Textual conventions in the source language are often culture-dependent and may not correspond to conventions in the target culture. Linguistic structures that are often found in the source language have no direct equivalent structures in the target language. The translator therefore has to find target language structures with the same functions as those in the source language.
Translators of legal texts often consult law dictionaries, especially bilingual law dictionaries. Care should be taken, as some bilingual law dictionaries are of poor quality and their use may lead to mistranslation.
Document
A document contains information. It often refers to an actual product of writing and is usually intended to communicate or store collections of data. Documents are often the focus and concern of administration.
The term document may be applied to any discrete representation of meaning, but usually it refers to something physical like one or more printed pages, or to a "virtual" document in electronic (digital) format.
Types of documents
Documents are sometimes classified as secret, private or confidential. They may also be described as a draft or proof. When a document is copied, the source is refered to as the original.
There are accepted standards for specific applications in various fields, such as:
Academia: thesis, dissertation, paper, journal
Business and accounting: invoice, quote, RFP, proposal, contract
Law and politics: summons, certificate, license, gazette
Government and industry: white paper
Media and marketing: brief, mock-up, script
Such standard documents can be created based on a template.
In law
Documents in all forms are frequently found to be material evidence in criminal and civil proceedings. The forensic analysis of such a document falls under the scope of questioned document examination.
Lawsuit
"Civil action" redirects here. For the film starring John Travolta of the same name, see A Civil Action.
A lawsuit is a civil action brought before a court in which the party commencing the action, the plaintiff, seeks a legal remedy. Often, one or more defendants are required to answer the plaintiff's complaint. If the plaintiff is successful, judgment will be given in the plaintiff's favour, and a range of court orders may be issued to enforce a right, impose a penalty, award damages, impose an injunction to prevent an act or compel an act, or to obtain a declaratory judgment to prevent future legal disputes.
It usually involves dispute resolution of private law issues between individuals, business entities or non-profit organizations. However, it may involve public law issues in those jurisdictions that enable the government to be treated as if it were a private party in a lawsuit (as plaintiff or defendant regarding an injury), or that provide the government with a civil cause of action to enforce certain laws rather than criminal prosecution. The conduct of a lawsuit is called litigation.
From Wikipedia, the free encyclopedia

Translation Samples

بعد الإطلاع على نتيجة امتحان كلية الطب البشرى المعتمدة بتاريخ 20. 4. 2003 ، قرر منح أوس سالم سلامة المولود في بنغازي يوم 16. 11. 1977 درجة البكالوريوس في الطب والجراحة بتقدير عام جيد جدا.

مسجل عم الجامعة أمين اللجنة الشعبية للكلية أمين اللجنة الشعبية للجامعة
بنغازي في 24 .11. 2005

Great Socialist Peoples' Libyan Arab Jamahiria

University of Garyounis

Upon reviewing the Records of Examinations of Faculty of Medicine at University of Garyounis approved on April. 20, 2003. It has been conferred upon Awas Salem Salama who was born in Benghazi on Nov. 16, 1977 the degree of Bachelor in Medicine and Surgery with a general grade of (Very Good).

Registrar Dean Chancellor

Issued in Benghazi on Nov. 24, 2005

1- يسرى هذا العقد لمدة عام وتبدأ هذه المدة من التاريخ الذى يغادر فيه المتعاقد موطنه متوجها إلى الجماهيرية الليبية على الا تزيد المدة بين مغادرة الوطن والتقدم لمباشرة العمل وفقا لتعليمات الامانة على ثلاثة ايام أو من اليوم الذى يتقدم فيه المتعاقد لمباشرة العمل وفقا لتعليمات الامانة اذا كان مقيما فى البلد الذى توجد به الوظيفة ووقع فيه العقد.

This contract shall be valid for a period of one year, commencing as of the date on which the contracted party leaves his home country for Libyan Jamahiryia, provided that the peroid between departure from his country and his reporting for duty in accordance with the regulations of the secretariate does not exceed three days, or form the day the contracted party reports for duty in accordance with the regulations of the secretariat if he is residing in the country in which his post is and in which the contract was signed.

العملة:
إذا لم يكن المقاول شركة ليبية فأن كل المبالغ الواجب دفعها للمقاول مقابل الاعمال المنصوص عليها في هذا العقد بما فى ذلك الدفعة المقدمة تكون بالدينار الليبيى والتى يتم تحويلها الى الدولار الامريكى بسعر الصرف الصادر من مصرف ليبيا المركزى بالجماهيرية العربية الليبية الشعبية الاشتراكيه بتاريخ فتح مظاريف العطاءات. ويكون هذا السعر هو الاساس فى حساب اى مبلغ واجب الدفع للمقاول طبقا للعقد بغض النظر عن اى تغيير قد يطرأ على سعر الصرف المذكور بعد تاريخ فتح المظاريف.

Currency:

1- If the contractor is not a Libyan firm then all sums to be paid to the contractor for the works forming the subject of this contract, including the advance payment, shall be paid in Libyan Dinars which shall be convertible to American Dollars at the rate of exchange published by the Central Bank of the Socialist People’s Libyan Arab Jamahiriya on the date of the opening of tenders. This rate shall be the basis fro calculating any amount to be paid to the contractor in accordance with the contract, irrespective of any change which the said rate of exchange may undergo after the date of the opening of the tenders.

تختص كل لجنة من اللجان الشعبية للضمان الاجتماعي في البلديات بتنفيذ أنظمة الضمان الاجتماعي في نطاق البلدية ذات الشأن بتسجيل المضمونين وتحصيل الاشتراكات عنهم وتقديم المنافع الضمانية النقدية والعينية إليهم، وجمع البيانات والإحصاءات والإعداد لمشروعات المخططات والميزانيات في شئون الضمان الاجتماعي وذلك فيما عدا ما تختص به اللجنة الشعبية العامة للضمان الاجتماعي.

3- People’s Committees for Social Security at Municipalities.

Each and every People’s Committee for Social Security at any Municipality shall be in charge of implementation of Social Security Schemes within the boundary of the relevant Municipality, through registration of persons, collection of contributions, payment of benefits in offering benefits in kind, collection of information, statistical figures for purposes of planning , budgets and projects related to Security affairs and activities except items entrusted exclusively to the General People’s Committee for Social Security.

CERTIFIED LEGAL TRANSLATIONS: For birth certificates, marriage certificates, divorce certificates, judgments, wills, academic degrees, diplomas, adoption papers, naturalization papers, immigration documents, etc
ترجمة محلفة لشهادات الولادة ، بيانات الزواج، شهادات الطلاق، القرارات القضائية ، الوصايا ، الشهادات الجامعية والأكاديمية، وثائق التبني ، وثائق الهجرة ، وغيرها...

CERTIFIED LEGAL TRANSLATIONS: For contracts, letters of intent, court rulings, articles of incorporation, mergers & acquisitions, writs, court rulings, notarized documents, naturalization papers, general meeting reports, audits etc

ترجمة محلفة لجميع العقود التجارية، قرارات المحاكم ، عقود تأسيس الشركات ونظامها الاساسى، اتفاقيات الدمج وتملك الشركات، التبليغات القضائية، الوثائق الصادرة عن الكتاب بالعدل وثائق التجنس ، محاضر اجتماعات الهئيات العامة للشركات ، تقارير المحاميين القانونيين ، الخ.

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• Translate into Arabic:
a- LANGUAGE - The faculty which men possess of communicating their perceptions and ideas to one another by means of articulate sounds. This is the definition of spoken language; but ideas and perceptions may be communicated without sound by writing, and this is called written language. By conventional usage certain sounds have a definite meaning in one country or in certain countries, and this is called the language of such country or countries, as the Arabs, the Greek, the Latin, the French or the English language.

The law too, has a peculiar language, to say the least. Some skeptics say it is not only peculiar but bizarre in its use of commonly understood terms to reflect unrelated, conflicting, or even opposite meanings.

Agreements, contracts, wills and other instruments, may be made in any language, and will be enforced. And a slander spoken in a foreign language, if understood by those present, or a libel published in such language, will be punished as if spoken or written in the English language.

b- Legal Translation
Legal discourse is different from other discourses as it must be unambiguous and use legal jargon, and should not bother too much about the simpler needs of the general public.
Law includes many activities, from the drawing of statutes to the contracting of agreements between individuals, all of which need to be recorded in a written form and that in spite of their diversity, it is perhaps not too far from truth to say that each of these activities is in some way connected with the imposition of obligations and the conferring of rights. Thus, a translator of legal text should be well-versed in the language of law and its terminology besides being a translation specialist. Some lawyers consider legal translation merely an extension of comparative law.
Legal translation distinguishes itself from other types of translation in that the message is laid down in codes and that these codes represent particular legal concepts. The translator of legal texts, therefore, should be fully aware of these codes and consequently give them utmost care while translating.
c- Adoption, legal procedure recognized by statute in every state that permits, by means of a court action, a person who is not the lawful child of the adopter to be admitted to all rights and privileges of a son or daughter. The practice and its legal sanction date from ancient Greece and Rome, when adoption served important estate-perpetuation purposes for citizens who otherwise would have had no heir. In modern societies the primary purpose of adoption is to enhance child welfare by allowing childless people, or couples with smaller families than they would like, to raise children who need parents. Adoption has long been an accepted procedure in the civil law.

Types of Adoptions
Children may be adopted by stepparents or close relatives, or they may be adopted by nonrelatives, people who are strangers to the biological parents. Adoptions by relatives are not usually thought to pose serious risks to children or to the adoption process itself. Nonrelative adoptions, however, are regarded as involving potentially more serious problems.
Nonrelative adoptions are generally handled in one of two ways, through either licensed agencies or independent placement. Both methods require judicial approval. In agency adoptions, applicants acquire the child from a public or private welfare agency following an investigation of their qualifications as prospective parents. In independent-placement adoptions, adoptive parents obtain a child directly from the natural parent, often using a doctor or lawyer as an intermediary, without any supervision or investigation by a social agency. During the last 35 years, some state legislatures and social agencies have become increasingly concerned about the risks of independent placement. Indeed, a few legislatures have given welfare agencies complete control of adoption practices.
The risks of independent placement are indeed formidable. Children may be purchased by adoptive parents who have more wealth than they have ability to give a child good and loving care. Professionals who arrange such adoptions, anxious to obtain children for clients, may attempt to coerce natural parents (often young and frightened unwed mothers with few economic resources). Many social-welfare experts believe that independent placement does not adequately protect the interests of the children because the adoptive parents are often less qualified for parenthood than are applicants investigated and approved by agencies.
Giving an adoption monopoly to agencies, however, also involves risks. Research suggests that agencies cater mainly to an upper-middle-class sample of prospective parents, whereas independent-placement adoption serves many couples from lower-income groups. Moreover, some evidence indicates that agencies also pressure unmarried parents into releasing their children for adoption. Allowing agencies the sole right to place children poses a serious threat that identically qualified applicants will be treated unequally, and that some prospective adoptive parents will be denied a child by arbitrary and unreviewable standards. For example, agencies often discriminate against qualified older couples, and sectarian agencies may reject those who do not adhere to strict religious practices.
In the last half of the 1970s, the number of babies available for adoption declined substantially; as a result, agency standards for adoptive parents became more stringent. As agency placements declined, the number of independent placements increased. The two methods of obtaining adopted children are likely to continue to create controversy until one or the other achieves more widespread public and professional support.

Current Problems
Despite the decrease in the number of infants being offered for adoption, placement of children who are older, handicapped, or of mixed race remains a difficult problem. In recent years, controversy has also surrounded the adoption process in other respects. Single persons have sought—and, in a few cases, gained—equal standing with couples to claim the limited number of children available for adoption. Interracial adoption has been vigorously supported by some agencies and adoptive parents and just as vigorously opposed by professional and political groups.
A different type of problem has resulted from the desire of some adopted persons to obtain information about their natural parents. Their attempts have been frustrated by agencies that will not allow even adults access to adoption records. The only one of these complex social problems close to resolution is the last. Many states are now enacting statutes that authorize, under controlled conditions, the release of information about natural parents to adopted children.

d-
Euthanasia, also mercy killing, practice of ending a life so as to release an individual from an incurable disease or intolerable suffering. The term is sometimes used generally to refer to an easy or painless death. Voluntary euthanasia involves a request by the dying patient or that person's legal representative. Passive or negative euthanasia involves not doing something to prevent death—that is, allowing someone to die; active or positive euthanasia involves taking deliberate action to cause a death.

History
Euthanasia has been accepted both legally and morally in various forms in many societies. In ancient Greece and Rome it was permissible in some situations to help others die. For example, the Greek writer Plutarch mentioned that in Sparta infanticide was practiced on children who lacked “health and vigor.” Both Socrates and Plato sanctioned forms of euthanasia in certain cases. Voluntary euthanasia for the elderly was an approved custom in several ancient societies.
With the rise of organized religion, euthanasia became morally and ethically abhorrent. Christianity, Judaism, and Islam all hold human life sacred and condemn euthanasia in any form.
Following traditional religious principles, Western laws have generally considered the act of helping someone to die a form of homicide subject to legal sanctions. Even a passive withholding of help to prevent death has frequently been severely punished. Euthanasia, however, occurs secretly in all societies, including those in which it is held to be immoral and illegal.

Legal Aspects
Organizations supporting the legalization of voluntary euthanasia were established in Great Britain in 1935 and in the United States in 1938. They have gained some public support, but so far they have been unable to achieve their goal in either nation. In the last few decades, Western laws against passive and voluntary euthanasia have slowly been eased, although serious moral and legal questions still exist.
Critics point to the so-called euthanasia committees in Nazi Germany that were empowered to condemn and execute anyone found to be a burden to the state. This instance of abuse of the power of life and death has long served as a warning to some against allowing the practice of euthanasia. Proponents, on the other hand, point out that almost any individual freedom involves some risk of abuse; they argue that such risks can be kept to a minimum by using proper legal safeguards.
The proeuthanasia, or “right to die,” movement has received considerable encouragement by the passage of laws in 40 states by 1990, which allow legally competent individuals to make “living wills.” These wills empower and instruct doctors to withhold life-support systems if the individuals become terminally ill.

Medical Ethics
The medical profession has generally been caught in the middle of the social controversies that rage over euthanasia. Government and religious groups as well as the medical profession itself agree that doctors are not required to use “extraordinary means” to prolong the life of the terminally ill. What constitutes extraordinary means is usually left to the discretion of the patient's family. Modern technological advances, such as respirators and artificial kidney machines, have made it possible to keep persons alive for long periods of time even when they are permanently unconscious or irrevocably brain damaged. Proponents of euthanasia, however, believe that prolonging life in this way may cause great suffering to the patient and the family. In addition, certain life-support systems are so expensive that they cannot be provided for all potential patients.
Some opponents of euthanasia have feared that the increasing success that doctors have had in transplanting human organs might lead to abuse of the practice of euthanasia. It is now generally understood, however, that physicians will not violate the rights of the dying donor in order to help preserve the life of the organ recipient.
New professional and legal definitions of death and medical responsibilities are slowly being developed to fit these complex new realities. The majority of the states have accepted a definition of “brain death”—the point when the higher centers of the brain cease to function—as the time when it is legal to turn off a patient's life-support system, with the permission from the family.

g- Annulment of Marriage, in law, the determination by a court that a supposed marriage was never legally valid. Annulment, also called nullity of marriage, is distinguished from divorce, which is the action of a court in terminating a valid marriage.
Marriages subject to annulment proceedings are classified as “void” or “voidable.” A void marriage is one that is deemed invalid in all respects. Examples of void marriages include those involving incest or bigamy.
A voidable marriage occurs when some defect exists in the contractual agreement in which all marriages originate. Examples are marriages of the underaged or the insane or a marriage procured by fraudulent means. Sexual impotency existing at the time of marriage also gives grounds for annulment. A voidable marriage may be annulled only in a lawsuit brought by the aggrieved party directly against the guilty party. In practice, voidable marriages are valid until annulled, and any children are legitimate.

h- International Court of Justice, United Nations, also known as World Court, principal judicial organ of the United Nations. It was created in 1945 under the UN Charter as the successor to the Permanent Court of International Justice under the League of Nations. The court functions in accordance with its own statute, which forms an integral part of the UN Charter. The main task of the court is to decide legal cases between nations; private persons may not bring cases before the court. All members of the UN are parties to the statute of the World Court, as are three nonmember states, Switzerland, Liechtenstein, and San Marino. A nation that is not a party to the statute may use the court if it accepts, either in general or in a given case, the obligations of a member of the UN.

The court has 15 judges, each elected by an absolute majority of the Security Council and the General Assembly, voting independently of each other. The judges are elected for nine years and may be reelected; no two may be nationals of the same country. A judge may be removed from the court only by unanimous vote of the other judges. They do not represent their countries but are elected on the basis of their knowledge of international law. The composition of the court is supposed at all times to reflect the main forms of civilization and the principal legal systems of the world. In any dispute, if no judge is of the nationality of a party to the case, that country may choose a judge to sit on the case. Nine judges constitute a quorum, and questions before the court are decided by a majority of judges present. The court elects its own officers and appoints its registrar and other officials. Headquarters is at The Hague, the Netherlands.

i- Illegal Aliens -- A Global Problem
It was reported that each year there are about 20 to 40 million undocumented immigrants worldwide. In the United States, which is the most desirable destination for immigrants, there are more than five million undocumented aliens according to the present estimates, half of them from nearby countries.
Illegal immigration has been regarded as a profitable business. It is estimated that, globally, there are more than 50 organized crime groups engaged in people trafficking activities, charging about $27,000 for each person. The price for Chinese passage to the United States, the highest among the world, had been raised from $30,000 a person a few years ago to about $50,000 as of the year 2000. Profit from human smuggling currently rivals the illegal profits from drug trafficking.
Statistics show that before the 1990s, illegal immigrants usually tried to get a visa or passport from a poor country to countries neighboring their ultimate destination. From these neighboring countries they found illegal ways to enter the countries of their final choice. But after 1990s, the routes for human trafficking became predominately changing from land to sea-based smuggling. With the tighter law enforcement and greater vigilance, smugglers are using more varied and sophisticated methods for conveying illegal aliens into the United States.
INS Commissioner Meissner noted that the crude but common method of packing immigrants into decrepit boats for long voyages, which often ended in nighttime landings along the U.S. coastline, has all but disappeared. China, the European Union and some European countries now recognize illegal immigration an increasingly serious international crime. Countries are working together at long last, to create international solutions. There is some hope that a political accord will bear some fruit in the future.

j- Legal Aid

Legal aid (sometimes called legal services) is the mechanism for providing legal counsel for poor people. The lawyers may be paid by the government or by charitable organizations or they may be appointed to serve without compensation.
Legal aid may be available in either civil or criminal cases. From its start in 1876 until the mid-1960s, civil legal aid was financed almost exclusively by private donations to local legal-aid societies. These societies generally hired a few full-time or part-time lawyers to help as many poor people as they could with the societies' very limited resources.
Although no constitutionally protected right to free counsel for poor people in civil cases exists as yet, there appears to be a slight tendency in that direction. Some state supreme courts have found a constitutional right to counsel for certain civil cases, such as paternity issues and child-dependency hearings.
Three general types of legal aid in civil cases exist in other countries. In some countries, such as Britain and Germany, the government compensates, in varying degrees, private lawyers chosen by the court or defendant. In other countries--Italy, for example--courts appoint lawyers to serve without compensation. Still others--Sweden and Canada, for example--allow clients to choose between salaried lawyers or private attorneys.

k- Larceny is the taking and carrying away of another's personal property without legal claim to that property, without the owner's consent, and with the intent permanently to deprive the rightful owner of its use. Carrying away has been held to mean any movement of the property, however slight. Personal property includes tangible goods, fixtures attached to the land, crops, and legal documents. Persons who take property that they believe is their own are not guilty of larceny. Larceny has occurred if consent has not been freely given by the rightful owner or if it has been induced by trick or fraud (a process sometimes called larceny by false pretenses). A person who borrows property without the rightful owner's consent but with the intent to return it has not committed larceny. Larceny is commonly distinguished from robbery, in which force or violence is used or threatened.

Most states of the United States have statutes specifying what activities constitute larceny. Included among these are picking pockets, the receiving of stolen goods, the passing of checks drawn against insufficient funds or nonexistent bank accounts, the use of slugs in coin-operated machines, and, in some states, embezzlement. Laws generally distinguish among several kinds or degrees of larceny and punish them accordingly. Simple larceny, a misdemeanor, is the taking of property; compound larceny, a felony, is the taking of property from a person or a person's business or dwelling house. The value of the stolen property distinguishes grand larceny from petit, or petty, larceny; the former is generally a felony, the latter a misdemeanor.

l- The crime of burglary, in common law, is the breaking and entering of the dwelling of another person with the intent to commit a felony. Breaking comprises opening a closed door or window by any means. Entry need only be slight--such as placing a hand or an instrument into the building. The dwelling also includes other structures located within the common enclosure (a garage, for example). The felony need not actually be committed if the intent to do so is established. Historically, burglary was designated an offense in order to protect people's property and to help ensure their safety against dangerous criminals.

In the United States, many jurisdictions have altered the common-law conceptions of burglary in their statutes. Some states have eliminated the element of breaking into the building. Many states have abolished the requirement that the entry be made at night, although night entries are generally punished more severely. Most jurisdictions no longer require that the building be a dwelling. Some have extended it to include airplanes, automobiles, railroad cars, and ships. Certain states have broadened the element of intent to commit a felony so as to include the intent to commit any crime.

m-
Subscription
1- Subscription is open to all Libyan, Arab countries, and foreign publishers to present their book and periodical publications. In addition, audio-visual aids , electronics, laboratories, and computers may be exhibited in the fair.
2- Applications are submitted before Feb.15, 2003 on the form provided to participate in the fair. The form should be accompanied by a subscription fee of ( $1800) One thousand and eight hundred dollars for non-Libyan publishers. (L.D. 750) for Local publishers. 4 x 4 square meter for a stand area and a number of shelves 12 meters in length. The number of shelves could be increased upon request for ($150) per item.
3- Subscription fees are payable by an endorsed cheque or a bank draft for Council of Developing Cultural Creativity account number (796) Central Bank of Libya, the deadline is March, 15, 2003.
4- The participant must dispatch two copies for each sample of a book and one copy for an encyclopaedia that exceeds three volumes for evaluation. A printed list must be enclosed with the samples. They must be received not after March 3rd. 2003.
5- The publisher mustn’t participate with books that breach agreements of publication rights, In case of such violation the publisher will be subject to legal actions.
6- Publishers are allowed to exhibit their own publication, unless a legal authorization is obtained and endorsed by the fair management.
7- Authorization:
A- Participants are allowed no more than three authorizations.
B- The person who donates an authorization should have no less than (50) fifty publications.

8- No publisher is permitted to participate in the fair if his publications are less than fifty titles. The fair management may give an exemption according to conditions to be defined.
9- Publishers or authorized persons should give a minimum discount of 30% thirty percent from the price of a book or more.
10- The fair management has the right to define the quantity and titles of publications to be supplied for each participant.
11- The participant must ship the defined titles and quantities in time not exceeding April, 10, 2003, to enable the committee to withdraw the shipments arrive by air, sea, or land, to deposit them in both Tripoli and Benghazi fair stores. 70% for Tripoli, and 30% for Benghazi.
12- Shipping documents are to be sent swiftly for the participants in good time not after April,1st 2003 enclosing, invoice, packing list, certificate of origin, bill of lading along with three endorsed and certified photo copies from the concerned authorities.
13- The participant is responsible for all charges related to customs, storage charges at airports, seaports , and border check points. He is also responsible to ship back the remaining items on his own expense.
14- The committee organizing the fair will not be held responsible for any damage for books that may happen as a result of both poor packing and negligence in shipping.
15- The participant is obliged to be present in his specified stand, and it is not permitted giving up or rotating the designated stands without the consent of the management responsible for the fair.
16- Participants are not allowed to close their specified stands before the end of closure date. In case of publication being sold, one copy of each title should be kept at the stand until the last day of the fair.
17- Participants or a representative must be present at the fair 24 hours before the opening ceremony to organize and receive visitors in the stand.
18- Publishers concerned are asked to submit account number, and name and address of bank for money transfer.

Contract, in law, an agreement that creates an obligation binding upon the parties thereto. The essentials of a contract are as follows: (1) mutual assent; (2) a legal consideration, which in most instances need not be pecuniary; (3) parties who have legal capacity to make a contract; (4) absence of fraud or duress; and (5) a subject matter that is not illegal or against public policy.
In general, contracts may be either oral or written. Certain classes of contracts, however, in order to be enforceable, must be written and signed. These include contracts involving the sale and transfer of real estate; contracts to guarantee or to answer for the miscarriage, debt, or default of another person; and, in most states of the U.S., contracts for the sale of goods above a certain value.

Types of Contracts
Contracts are often classified as either contracts by specialty or simple contracts. Another class of obligations, sometimes referred to as contracts of record, are conclusive legal obligations created by the judgment or order of a court of record.
Contracts by specialty depend for their validity on the formality of their execution. They are required to be written, sealed, and delivered by the party to be bound thereby. The usual form of specialty contract is a covenant. A bond, although in form an acknowledgment of indebtedness instead of a promise to pay, has always been regarded and classified as a specialty contract. Contracts by specialty do not require consideration or surrender of a right, given in exchange for the promise, to give them validity. Courts of equity, however, will not enforce a specialty contract unless it is founded on a consideration.
Simple contracts do not depend for their validity on any particular formality in their execution, but rather on the existence of a consideration. A simple contract may be written or verbal, or may even be implied from the acts and conduct of the parties manifesting their intentions. It usually comes into existence as the consequence of an offer and acceptance. In contracts entered into by letter, in most jurisdictions, the offer, unless it stipulates otherwise, is deemed to be accepted on the posting of the letter of acceptance. In a few states, however, it is held that no acceptance exists until the letter of acceptance is actually received by the person making the offer. Inasmuch as agreement must be in effect in order to create a contract, any mistake in setting forth the terms of the offer or acceptance that should be apparent to the other party negates the agreement, and no contract will arise. A mistake as to some collateral matter, however, will have no effect on the contract, unless induced by fraud, in which case the defrauded party may rescind the contract. Thus, if A, intending to sell property to B for $10,000, inadvertently writes $5000, and B, who should know of the error, accepts, no contract arises; but if A offers $5000 because he or she is in error as to the value of the property, a contract does arise.
Simple contracts are frequently classified as express and implied. An express contract is one entered into on terms expressed in spoken or written words. An implied contract is one that is inferred from the acts or conduct of the parties.

Nullifying Contracts
The contract of a lunatic, an idiot, or a person so under the influence of a narcotic or of intoxicating liquor as not to be capable of a free exercise of will is sometimes said to be wholly void. In recent cases, however, such contracts have usually been regarded as merely voidable; and in some instances they are enforced if the other contracting party is unaware of the incompetency and the terms are fair. The contract of a minor, usually a person under the age of 18, is not void, but voidable, and it may be affirmed by that person on attainment of full age.

Breach of Contract
In case of a breach of contract the injured party may go to court to sue for money damages, or for rescission, for injunction, or for specific performance if money damages would not compensate for the breach. Specific performance of a contract is the right by one contracting party to have the other contracting party perform the contract according to the precise terms agreed therein. In many jurisdictions this right can be obtained only where money damages would be insufficient to compensate one of the parties. Under the law of some states a person may sue either for money damages or for specific performance.

Insurance, in law and business, contractual arrangement that provides for compensation by an insurer to an insured party for loss resulting from a possible event. The insurer conducts its operations by amassing relatively small contributions from many persons who are exposed to the risk of occurrence of an unforeseen event in order to create a fund that is used to reimburse those insured who actually suffer from such an occurrence. The contributions of the policyholders are called premiums. A contract of insurance is embodied in a policy that specifies the terms under which the insurer agrees to indemnify the policyholder for loss in consideration of the payment of a stated premium.

Insurance Policies
An insurance contract must have an element of contingency, that is, the event insured against must be possible but not certain to occur in a given period of time and must be substantially beyond the control of either insured or insurer. Generally the number of risks involved must be sufficient to compute the chances of occurrence of the event based on the law of averages, and thereby to determine the amount of premium required. In addition to the requirement that the risk be contingent, the policyholder must have an insurable interest, that is, the policyholder must be one who would suffer a material loss by the happening of the event. A policy in which the insured does not have such an interest would be deemed a gambling contract and therefore void; an example of such a void policy is one by which a person insured the house of a stranger against fire.

Protection
Insurance plays a major role in the modern economy, providing an orderly means for the replacement of property lost or destroyed and for sustaining purchasing power adversely affected by illness, injury, or death. Moreover, the huge reserves accumulated by insurance companies to meet expected claims are invested, thus providing industry with needed funds for capital expansion or other investments.
Insurance companies constantly search for additional business by providing insurance protection against new types of hazards. Most standard homeowners' policies do not protect against flooding, earthquakes, nuclear explosion or radiation, war, and certain other perils. Over the past decade, however, insurance companies have provided a wider range of coverage to their clients. Flood insurance is available from the federal government under a program established by the Flood Disaster Protection Act of 1973. The program was opened to participation by private insurers in 1983, and flood insurance is now being offered by more than 300 private companies. This coverage is available to owners of business and residential properties, if their communities have undertaken certain floodplain-management programs. Earthquake insurance is another form of catastrophe coverage. It is not intended to pay for small losses, but is designed to protect homeowners and businesses against financial disaster in the event that a major earthquake damages or destroys their property. Insurance against losses resulting from nuclear accidents is provided by special pools created by property and casualty insurance companies. These pools provide both liability and property coverage to the operators of nuclear facilities and their suppliers. Protection against economic loss from unemployment or declining sales, however, is regarded as uninsurable by private carriers.

Extradition, in law, surrender by one sovereign power to another of a fugitive from justice. Between nations, the right of one power to demand of another the extradition of a fugitive accused of crime, and the duty of the country in which the fugitive has found asylum to surrender this person, exist only when created by treaty. Because the political systems and penal codes of various nations differ considerably, most nations have given definite expression in treaties to their mutual obligations regarding extradition. The conventions between the United States and Great Britain in 1842, 1889, and 1900 enumerate what offenses two leading nations consider extraditable. The general rule is that extraditable crimes must be those commonly recognized by civilized nations as malum in se (acts criminal by their very nature) and not merely malum prohibitum (acts made crimes by statute), and must be included in the extradition treaty.
It is an almost universal rule, however, that a state will not surrender its own citizens to a foreign power, and it is generally regarded as an abuse of the principal of extradition for a state to secure the surrender of a criminal for an extraditable offense and then to punish this person for an offense not included in the treaty.
The right of extradition between the states of the U.S. is laid down in the Constitution and in a federal law of February 12, 1793. The right of interstate extradition can be exercised only by the executive authorities of one state at the request of the executive authorities of another; it gives no extraterritorial force to laws of the demanding state, providing only a means for securing the return to that state of an individual accused or convicted there of a crime, so that within its own confines that state's laws may be executed.
To extradite, the governor of the state from which the fugitive has fled must make a request to the governor of the asylum state. This requisition must be accompanied by an indictment or an affidavit made before a magistrate, charging the person sought with a crime. The power and duty of determining whether the requisition shows sufficient cause to warrant extradition of the person demanded rests on the governor of the asylum state; the governor may grant a hearing, although as a matter of law the accused is not entitled to such hearing. Because the purpose of extradition is to prevent the successful escape from a state of any person who has been accused of crime, the only extraditable offenses are those that are punishable by law in the state in which they were committed.

Annulment of Marriage, in law, the determination by a court that a supposed marriage was never legally valid. Annulment, also called nullity of marriage, is distinguished from divorce, which is the action of a court in terminating a valid marriage.
Marriages subject to annulment proceedings are classified as “void” or “voidable.” A void marriage is one that is deemed invalid in all respects. Examples of void marriages include those involving incest or bigamy.
A voidable marriage occurs when some defect exists in the contractual agreement in which all marriages originate. Examples are marriages of the underaged or the insane or a marriage procured by fraudulent means. Sexual impotency existing at the time of marriage also gives grounds for annulment. A voidable marriage may be annulled only in a lawsuit brought by the aggrieved party directly against the guilty party. In practice, voidable marriages are valid until annulled, and any children are legitimate.

International Court of Justice, United Nations, also known as World Court, principal judicial organ of the United Nations. It was created in 1945 under the UN Charter as the successor to the Permanent Court of International Justice under the League of Nations. The court functions in accordance with its own statute, which forms an integral part of the UN Charter. The main task of the court is to decide legal cases between nations; private persons may not bring cases before the court. All members of the UN are parties to the statute of the World Court, as are three nonmember states, Switzerland, Liechtenstein, and San Marino. A nation that is not a party to the statute may use the court if it accepts, either in general or in a given case, the obligations of a member of the UN.

Activities
Under Article 94 of the UN Charter, disputes are brought before the court in two ways. The first is by a special agreement, under which all parties agree to submit the matter to the court. The second is by a unilateral application by one party to the dispute; for example, a country might claim that its adversary was obliged by the terms of a particular treaty to accept the authority of the court in case of a dispute. A provision in the statute of the court also permits, but does not require, nations that are parties to the statute to declare in advance their acceptance of the compulsory jurisdiction of the court in certain types of international controversy. If two parties to a dispute have filed such declarations, and if the dispute between them falls within the bounds of the declarations, then either party may bring the case before the court. In October 1985 President Ronald Reagan formally withdrew the United States from its long-standing policy of automatic compliance with World Court decisions; this action left only 43 nations that accepted the court's compulsory jurisdiction. The U.S. action weakened the court, which was already handicapped by the refusal of many major powers—including the Soviet Union, China, France, West Germany (now part of the united Federal Republic of Germany), and Italy—to accept its authority.
The court renders judgments according to the general principles of international law recognized by civilized nations, as well as international customs and rules of treaties and conventions recognized by the disputing parties. The court also refers to past judicial decisions and the writings of experts in international law. The judgment of the court, which must contain the reasons for the decision, is final and binding, and no appeal may be made. The UN Security Council is empowered to take measures to enforce the decision of the court if the parties to the dispute fail to enforce it themselves. In effect, however, the World Court has little power to enforce its rulings. In 1980, for example, when the court ordered Iran to release 53 American hostages, Iran simply ignored the ruling.
In addition to deciding disputes between nations, the court gives advisory opinions on legal questions to the General Assembly, the Security Council, and other specialized agencies that have been authorized by the General Assembly to ask for such opinions. An example is the judgment of the court in 1962 that peacekeeping expenses in the Democratic Republic of the Congo and the Middle East constituted “expenses of the organization” to be paid by member states as apportioned by the General Assembly.

The Judges
The court has 15 judges, each elected by an absolute majority of the Security Council and the General Assembly, voting independently of each other. The judges are elected for nine years and may be reelected; no two may be nationals of the same country. A judge may be removed from the court only by unanimous vote of the other judges. They do not represent their countries but are elected on the basis of their knowledge of international law. The composition of the court is supposed at all times to reflect the main forms of civilization and the principal legal systems of the world. In any dispute, if no judge is of the nationality of a party to the case, that country may choose a judge to sit on the case. Nine judges constitute a quorum, and questions before the court are decided by a majority of judges present. The court elects its own officers and appoints its registrar and other officials. Headquarters is at The Hague, the Netherlands.

Legal Tender, offer, usually of money, made in satisfaction of a debt or other liability and in accordance with requirements prescribed by law. In the U.S., legal tender most frequently signifies the currency designated by law that a debtor may offer and a creditor is obligated to accept in the settlement of financial obligations. Legislation passed by Congress in 1933 provided that “All coins and currencies of the United States (including Federal Reserve notes and circulating notes of Federal Reserve Banks and national banking associations) heretofore or hereafter coined or issued, shall be legal tender for all debts, public and private, public charges, taxes, duties, and dues. . . .” Following enactment of the Gold Reserve Act of 1934, by the terms of which gold coins were withdrawn from circulation and the further coinage of gold coins was discontinued, gold coins ceased to be legal tender in the U.S.

" War Crimes Trials, trials of persons charged with criminal violation of the laws and customs of war and related principles of international law. After World War II the phrase referred usually to the trials of German and Japanese leaders in courts established by the victorious Allied nations.
The most important of these trials were held in Nuremberg, Germany, under the authority of two legal instruments. One, the so-called London Agreement, was signed by representatives of the United States, Great Britain, France, and the USSR in London on August 8, 1945; the other, Law No. 10, was promulgated by the Allied Control Council in Berlin on December 20, 1945.
The London Agreement provided for the establishment of the International Military Tribunal, composed of one judge and one alternate judge from each of the signatory nations, to try war criminals. Under the London Agreement, the crimes charged against defendants fell into three general categories: crimes against peace, that is, crimes involving the planning, initiating, and waging of aggressive war; war crimes, that is, violations of the laws and customs of war as embodied in the Hague Conventions and generally recognized by the military forces of civilized nations; and crimes against humanity, such as the extermination of racial, ethnic, and religious groups and other large-scale atrocities against civilians.

Illegal Aliens -- A Global Problem
It was reported that each year there are about 20 to 40 million undocumented immigrants worldwide. In the United States, which is the most desirable destination for immigrants, there are more than five million undocumented aliens according to the present estimates, half of them from nearby countries.
Illegal immigration has been regarded as a profitable business. It is estimated that, globally, there are more than 50 organized crime groups engaged in people trafficking activities, charging about $27,000 for each person. The price for Chinese passage to the United States, the highest among the world, had been raised from $30,000 a person a few years ago to about $50,000 as of the year 2000. Profit from human smuggling currently rivals the illegal profits from drug trafficking.
Statistics show that before the 1990s, illegal immigrants usually tried to get a visa or passport from a poor country to countries neighboring their ultimate destination. From these neighboring countries they found illegal ways to enter the countries of their final choice. But after 1990s, the routes for human trafficking became predominately changing from land to sea-based smuggling. With the tighter law enforcement and greater vigilance, smugglers are using more varied and sophisticated methods for conveying illegal aliens into the United States.
INS Commissioner Meissner noted that the crude but common method of packing immigrants into decrepit boats for long voyages, which often ended in nighttime landings along the U.S. coastline, has all but disappeared. China, the European Union and some European countries now recognize illegal immigration an increasingly serious international crime. Countries are working together at long last, to create international solutions. There is some hope that a political accord will bear some fruit in the future.

Legal Translation
Legal discourse is different from other discourses as it must be unambiguous and use legal jargon, and should not bother too much about the simpler needs of the general public.
Law includes many activities, from the drawing of statutes to the contracting of agreements between individuals, all of which need to be recorded in a written form and that in spite of their diversity, it is perhaps not too far from truth to say that each of these activities is in some way connected with the imposition of obligations and the conferring of rights. Thus, a translator of legal text should be well-versed in the language of law and its terminology besides being a translation specialist. Some lawyers consider legal translation merely an extension of comparative law.
Legal translation distinguishes itself from other types of translation in that the message is laid down in codes and that these codes represent particular legal concepts. The translator of legal texts, therefore, should be fully aware of these codes and consequently give them utmost care while translating.

Translate into English
المعاهدات العامة أو الشارعة أو التشريعية:
وهى تعقد بين عدد من الدول في أمور تهم المجتمع الدولي ويكون هدفها تنظيم علاقة دولية عامة. فهي تتضمن قواعد قانونية عامة ودائمة . وتكون أمثال هذه المعاهدات ، على العموم مفتوحة لانضمام الدول التي تكن طرفا فيها في البدء ، كما تكون مفتوحة لانسحاب الدول منها بسهولة . فهي ، كما ترون ، محاولات تشريع. ولهذا أطلق عليها اسم المعاهدات الشارعة. ولكنها تختلف عن التشريع الداخلي العادي بأن التشريع يلزم رعايا الدولة جميعا ويصدر عن سلطة عليا مختصة بوضعه ، بينما المعاهدات العامة لا تلزم من الدول غير الأطراف فيها وتمليها الدول المخاطبة بها (أي الأطراف بها) على نفسها.
والمعاهدات الشارعة قد لا تأتى بتشريع جديد وبقواعد قانونية جديدة لكنها قد تكتفي بالتدوين فتثبت بنصوص مكتوبة قواعد القانون الدولي المتعارف عليها. فمهمتها في مثل هذا العمل مهمة كشف وإظهار وإعلان القواعد العرفية السابقة لا إيجاد قواعد قانونية جديدة.

عقدت محكمة بنغازي جلسة للنظر في قضية رقم 234/2003
1- الاعتداء بالضرب على مدير مصنع رقم 1 لصناعة الطوب الأسمنتي الواقع بمدينة بنغازي والمتهم فيها المواطن غضبان الهائج غضبان البالغ من العمر 24 عاما وبعمل كسائق شاحنة لنقل الطوب التابع للمصنع. وحيث \ان المتهم قام بالضرب بقطعة خشب متوسطة الحجم على مدير المصنع بتاريخ 23 من شهر الماء من عام 2003 والذي تسبب في كسر ذراعه وإحداث بعض الجروح فى وجهه. ويكمن سبب الشجار في آن المدير قد قام بخصم يومين من مرتب السائق لغيابه بدون إذن.
2- النظر في قضية التزوير التي اتهم فيها مدير مكتب الاعتمادات بإحدى المصارف العاملة بمدينة بنغازي و ذلك في الفترة من شهر ديسمبر من عام 2002 إلى شهر أغسطس 2003 . حيث قام المدعى علية فلس درهم فلس والبالغ من العمر 37 عاما ويعمل بقسم الاعتمادات بالمصرف. قام المتهم بتزوير قيمة العقد رقم 456 المبرم بين شركة الواحة للسجاد كطرف أول و شركة ن ب.ن الإيطالية المنشأ كطرف ثان. فقد اتفق المتهم بالقضية مع الشركة الأجنبية بهذا الخصوص على آن يحصل على عمولة تودع في حسابه الخاص بإحدى المصارف بالدولار الأمريكي بالقاهرة.

الإعلان العالمي لحقوق الإنسان

في العاشر من ديسمبر 1948أقرت الجمعية العامة للأمم المتحدة الإعلان العالمي لحقوق الإنسان وأعلنته ، وهذا نصه كما أذاعه مكتب الأعلام العام في الأمم المتحدة.

الديباجة
لما كان الاعتراف بالكرامة المتأصلة في جميع أعضاء الآسرة البشرية وبحقوقهم المتساوية الثابتة هو أساس الحرية والعدل والسلام في العالم.
ولما كان تناسى حقوق الإنسان وازدراؤها قد أفضيا إلى أعمال همجية آذت الضمير الإنساني، وكان غاية ما يرنو أليه عامة البشر انبثاق عالم يتمتع فيه بحرية القول والعقيدة وبتحرر من الفزع والفاقة.
ولما كان من الضروري أن يتولى القانون حماية حقوق الإنسان، لكيلا يضطر المرء آخر الأمر إلى التمرد على الاستبداد والظلم.
ولما كانت شعوب الأمم المتحدة قد أكدت في الميثاق من جديد أيمانها بحقوق الإنسان الأساسية وبكرامة الفرد وقدره وبما للرجال والنساء من حقوق متساوية، وحزمت أمرها على أن تدفع بالرقى الاجتماعي قدما وان ترفع مستوى الحياة في جو من الحرية أفسح وأمام القانون فأن الجمعية العامة تنادى بهذا الإعلان لحقوق الإنسان الذي يتكون من ثلاثين مادة على جميع الدول احترامه كقانون لضمان حرية الإنسان واحترام حقوقه.

عقدت الجلسة الثانية في المحكمة العليا بمدينة بنغازي للنظر في قضية الإيدز والتي أصيب فيها الكثير من الأطفال في مستشفى الفاتح للأطفال وتم توجيه الاتهام إلى بعض الأطباء والممرضات بالإهمال في أداء الواجب.

وبعد القيام بالتحقيقات المتعارف عليها فقد اكتشف ان هذا المرض تفشى بعد مرور سنة واحدة من تعيين الممرضات من بلغاريا والمتعاقدات في عام 1999 مع أمانة الصحة بعقد مغترب لمدة خمس سنوات.

و بعد إجراء الفحص الطبي اتضح أن بعض الأطفال يعانون من مشاكل صحية اثبت التحاليل الطبية بأنهم يعانون من مرض نقص المناعة ( الإيدز).

وقامت جهات الاختصاص بإجراء التحقيقات اللازمة مع المسئولين في المستشفى وأمانة الصحة والعاملين اتضح أن استعمال بعض الحقن الملوثة كان سبب في وصول هذا المرض الخطير إلى هذا المستشفى و إصابة عدد كبير من الأطفال الذين قاموا بزيارة إلى المستشفى لغرض إجراء بعض التحاليل والكشف الطبي اللازم من اجل معالجة أمراض مختلفة أخرى في الفترة من شهر الطير 2000 إلى شهر الحرث 2002 .

وبعد الاستماع إلى وكيل النيابة و المحامى الخاص بالممرضات قرر القاضي تأجيل الحكم في القضية إلى شهر ناصر 2004 حتى يتسنى للمحكمة الحصول على أدلة اكثر دقة والاستماع إلى بعض أو لياء أمور الأطفال والعاملين في المستشفى.

وزراء خارجية عرب: لا نبحث دارفور في إجتماعنا

القاهرة ــ مصطفي عمارة
ظهرت أمس دوادر أزمة بين السودان والجامعة العربية بعد ان رفض عدد من الحكومات العربية ادراج مشروع قرار عربي يرفض قرار مجلس الأمن الدولي رقم 1706 الذي ينص علي إرسال قوات دولية الي دارفور لتحل محل قوات الاتحاد الإفريقي علي جدول أعمال وزراء الخارجية العرب الذي يبدأ أعماله الاسبوع المقبل في القاهرة، فيما قالت مصادر وثيقة الاطلاع في الجامعة العربية لـ (الزمان) ان الامين العام للجامعة عمرو موسي يواصل اتصالاته بمختلف الاطراف للتوصل الي تسوية لتجنب تأجيل الاجتماع الذي يحفل جدول اعماله بعدد من القضايا المهمة. علي صعيد متصل طلبت الحكومة السودانية من الاتحاد الافريقي سحب قواته لحفظ السلام في دارفور في نهاية الشهر الحالي في اجراء استباقي نتيجة مخاوفها من قيام الاتحاد الافريقي بتسليم مهامه الي قوات دولية من دون علم الحكومة السودانية، مما يكسب القوات الجديدة نوع من المشروعة، برغم اصرار الخرطوم علي رفض القرار الدولي واستقبال هذه القوات في دارفور. واكد المتحدث باسم وزارة الخارجية السودانية جمال ابراهيم امس ان "الاتحاد الافريقي سبق ان اعلن انه لا يستطيع ان يواصل مهمته في دارفور وما دام لا يمكنه الاستمرار في اداء مهمته بعد 30 ايلول (سبتمبر) فان علي قواته ان تغادر الاقليم بحلول هذا الموعد". واضاف ان "الاتحاد الافريقي لا يحق له ان ينقل مهامه الي الامم المتحدة او الي طرف اخر فالحكومة السودانية وحدها تملك هذا الحق". واتخذ مجلس الوزراء السوداني الاحد قرارا بمطالبة الاتحاد الافريقي بسحب قواته في اجتماع تراسه الرئيس عمر البشير. وقال المتحدث باسم قوات الاتحاد الافريقي في دارفور نور الدين مازني "حتي الان لم نبلغ رسميا بهذا القرار وبالتالي فاننا لا نستطيع ان نعلق عليه الان".
وكانت الحكومة السودانية رفضت قرار مجلس الامن الذي صدر ال

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