FIT Legal & Technical Translation 2 — Questions and Answers
Question 1: Which principle governs how a translator handles a term with no direct equivalent in the target legal system?
- Literal substitution with a footnote
- Functional equivalence using a term with similar legal effect (Correct answer)
- Omitting the term entirely
- Using the source-language term untranslated in all cases
Correct answer: Functional equivalence using a term with similar legal effect
Functional equivalence selects a target-language term that produces the same legal effect even if the underlying concept differs.
Question 2: In US legal translation, 'consideration' refers to:
- A court's deliberation period before issuing a ruling
- Something of value exchanged to make a contract binding (Correct answer)
- The judge's written opinion on a motion
- A party's formal objection during trial
Correct answer: Something of value exchanged to make a contract binding
In contract law, consideration is the bargained-for exchange that makes an agreement legally enforceable.
Question 3: A certified translator working on a patent specification should prioritize:
- Creative paraphrasing to improve readability
- Exact reproduction of claims language to preserve legal scope (Correct answer)
- Simplification of technical terms for lay audiences
- Condensing lengthy descriptions to save space
Correct answer: Exact reproduction of claims language to preserve legal scope
Patent claims define the protected invention's scope, so any deviation can narrow or invalidate the protection.
Question 4: Which document type typically requires a translator's sworn affidavit or certification statement in US immigration proceedings?
- Internal corporate memos
- Foreign birth certificates and vital records (Correct answer)
- Academic research papers
- Marketing brochures
Correct answer: Foreign birth certificates and vital records
USCIS requires certified translations of foreign-language vital records, accompanied by a statement of translator competence.
Question 5: The phrase 'force majeure' in a translated contract should be:
- Translated literally as 'major force'
- Replaced with 'Act of God' in all US contracts
- Retained or rendered with an explanation preserving its contractual meaning (Correct answer)
- Omitted as untranslatable
Correct answer: Retained or rendered with an explanation preserving its contractual meaning
Force majeure is a legal term of art; translators should retain it or use a recognized equivalent with clarification of its contractual scope.
Question 6: When translating technical manuals, 'normative references' are sections that:
- Provide optional background reading
- Contain provisions that must be complied with to conform to the document (Correct answer)
- List the author's credentials
- Summarize historical context
Correct answer: Contain provisions that must be complied with to conform to the document
Per ISO standards, normative references are integral parts of the document and compliance with them is mandatory.
Question 7: A translator encounters a target-country regulation that conflicts with the source document's instructions. The correct action is to:
- Silently adapt the text to comply with local law
- Translate faithfully and notify the client of the conflict via a translator's note (Correct answer)
- Refuse the assignment immediately
- Translate only the non-conflicting portions
Correct answer: Translate faithfully and notify the client of the conflict via a translator's note
The translator's duty is fidelity to the source; flagging legal conflicts through a note protects both the client and the translator.
Which principle governs how a translator handles a term with no direct equivalent in the target legal system?