22:48 Feb 17, 2000 |
Japanese to English translations [PRO] Law/Patents | ||||
---|---|---|---|---|
|
| |||
| Selected response from: DASITKIN | |||
Grading comment
|
Summary of answers provided | ||||
---|---|---|---|---|
na | minor fraud |
| ||
na | quasi-fraud |
| ||
na | constructive fraud |
| ||
na | constructive fraud |
| ||
na | Statutory Fraud |
| ||
na | Statutory Fraud |
|
minor fraud Explanation: I'm not sure if this is an exact legal expression, but the term "minor fraud" would probably fit the meaning of the kanji quite well. |
| |
Login to enter a peer comment (or grade) |
quasi-fraud Explanation: I couldn't find "jun-sagizai" in any of my dictionaries, but the Dictionary of Anglo-American Law (Ei-Bei hoo jiten edited by Tanaka Hideo) lists "quasi-crime" as "jun-hanzai" so it's close, anyway. |
| |
Login to enter a peer comment (or grade) |
constructive fraud Explanation: "Exists where conduct, though not actually fraudulent, has all actual consequences and all legal effects of actual fraud." (Black's Law Dictionary) The prefix jun- is commonly used for "constructive" in this sense. |
| |
Login to enter a peer comment (or grade) |
constructive fraud Explanation: At first I was leaning toward the more literal "quasi-fraudulent [activities, etc.]" but then I saw Dasitkin's comments on "constructive fraud," with which I tend to agree, even for formal legal contexts. My hesitation with "constructive" was partly due to the fact that Dictionary of Anglo-American Law (Ed. Tanaka) gives "gisei" for "constructive" and Kenkyusha E>J gives "suitei sagi" for "constructive fraud," but Kenkyusha's E>J does confirm that "suitei," "gisei," _and "jun"_ are interchangeably used for "constructive" (see entry under "constructive." P.S. Dasitkin, I see that you are a licensed attorney in California. Thank you very much for sharing your knowledge and experience with us. I'm a U.S. patent agent, so maybe as time goes on I can return the favor. ---GTP |
| |
Login to enter a peer comment (or grade) |
Statutory Fraud Explanation: "Jun" is used in Japanese legal language to refer to something which, while not exactly fitting the definition of the crime, etc. to which the name refers, but which is defined by a specific statute to fulfil the elements. An example would be "Jun-Goukanzai", which refers to statutory rape: sexual relations with a minor under |
| |
Login to enter a peer comment (or grade) |
Statutory Fraud Explanation: On further investigation (after having been outed as a lawyer), I think that lanceh's term is better. The Japan Penal Code Section 248 specifically defines "Jun-sagizai" as transferring property or obtaining unlawful profits by taking advantage of the lack of foresight of a minor or the emotional vulnerability of a person (loose translation). "Statutory" fits perfectly here. |
| |
Grading comment
| ||
Login to enter a peer comment (or grade) |
Login or register (free and only takes a few minutes) to participate in this question.
You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.