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VIVENDO & APRENDENDO

Não há como fugir desse "motto". Ou vamos em frente ou ficamos para trás. Por exemplo, reluto em trocar de celular mas, fazer o que? E quando me acostumo com o novo, vejo que não era tão complicado assim e que até que é bom. Mas não sou a primeira a comprar as novidades. Espero todos usarem, passar algum tempo, os "bugs" serem consertados, ficar mais barato, daí compro (ainda não estou pronta para os tablets). E além da tecnologia, muitas outras coisas mudam ou surgem totalmente novas. Como as novas profissões e palavras abaixo:

home stager = encenador de imóveis / home staging = encenação de imóveis (um profissional que examina o seu imóvel e sugere uma "maquiagem" para facilitar a venda - pode ser uma pintura na parede, remoção de "clutter"/fotos pessoais, modernização dos azulejos da cozinha, etc.)

crowdfunding = financiamento colaborativo (sites onde os interessados aporesentam seus projetos e pedem colaboração dos visitantes para o financiamento)

PROVENTOS > EARNINGS = PROCEEDS

Proventos:
Aurélio: rendimento, lucro, proveito, honorários.
Aulete: Remuneração recebida por profissional liberal; honorários. Pagamento recebido do Estado pelos servidores públicos civis e militares inativos .
Earnings:
Salary or wages. Business profits. Gains from investments.
Proceeds:
Answers.com: earnings from business; funds received from the sale of assets, or from the issue of securities, after deduction of selling or marketing expenses incurred.
Oxford: financial result, profit
Black's: the value of goods, lands or investments when converted into money.

DILUTION CLAIM

(INTELLECTUAL PROPERTY LAW) - AÇÃO DE DILUIÇÃO DE MARCA (uso indevido de marca registrada em produto de outra classe): a subset of trade mark law which forbids the use of a famous trade mark in a manner that reduces the mark's uniqueness or distinctive character.
E.g.: The use of the famous NIKE trade mark on poorly-made bicycles was the subject of a dilution claim.

EMPRESA LIMITADA PODE TER PRESIDENTE?

Perguntei aos meus colegas:
- Aprendi em algum momento que empresas limitadas não tem "presidente" (somente sociedades anônimas teriam presidente) e, sim, gerente ou diretor geral ou sócio-gerente. Mas vejo muitas limitadas em que o principal executivo é denominado "presidente". Há alguma norma ou legislação que define isso?
Respostas:
- Você se refere a empresas brasileiras? Caso sim, me parece modismo, copiado dos EUA.
- Estagiei durante quatro anos num escritório de advocacia empresarial. As Ltdas. tem diretor, diretor geral ou sócio gerente (aqui e na Europa). Pelo menos é o que me foi impingido. Presidente só em S/A, etc.
- É o código civil! As limitadas possuem mais liberdade de movimento, e podem chamar seu CEO de presidente ou qualquer outro nome que quiserem, diretor geral, etc.
- O DECRETO No 3.708, DE 10 DE JANEIRO DE 1919, que criou as limitadas, fala em sócios gerentes, mas não em presidente. - O novo Código Civil não dispõe sobre terminologia, mas diz que: "Art. 1.053. A sociedade limitada rege-se, nas omissões deste Capítulo, pelas normas da sociedade simples. Parágrafo único. O contrato social poderá prever a regência supletiva da sociedade limitada pelas normas da sociedade anônima." Ou seja, onde o Código Civil silencia, a Limitada pode reger-se pelas normas da S.A. e, portanto, ter um presidente.
- O sócio gerente agora é "administrador" (...) terminologia (...) confusa, já que a lei das S/A chamava de administrador tanto o conselheiro como o diretor - esse novo código trouxe muita confusão) (...)
-SIM, conforme o Art. 1.053: A sociedade limitada rege-se, nas omissões deste Capítulo, pelas normas da sociedade simples. Parágrafo único. O contrato social poderá prever a regência supletiva da sociedade limitada pelas normas da sociedade anônima.

MARKET X MARKETPLACE

Marketplace (n): An open area or square in a town where a public market or sale is set up. The world of business and commerce.  A situation or place in which values, opinions, and ideas are put forward for debate or recognition: a marketplace for new ideas; the literary marketplace.

Market (n.) : A public gathering held for buying and selling merchandise. A place where goods are offered for sale. A store or shop that sells a particular type of merchandise: a vegetable market.  The business of buying and selling a specified commodity: the soybean market. A market price.  A geographic region considered as a place for sales: grain for the foreign market; the West Coast market. A subdivision of a population considered as buyers: cosmetics for the upscale market.  The opportunity to buy or sell; extent of demand for merchandise: a big market for gourmet foods. An exchange for buying and selling stocks or commodities: securities sold on the New York market.  The entire enterprise of buying and selling commodities and securities: The market has been slow recently.

v.tr. To offer for sale. To sell.
v.intr. To deal in a market.  To buy household supplies: We marketed for a special Sunday dinner.
in the market: 1. Interested in buying: We are in the market for a used car.
on the market: 1. Available for buying: Many kinds of seasonal flowers are on the market.  2. Up for sale: They put the family business on the market.

CONSIDERANDOS: CONSIDERING THAT X WHEREAS

Whereas: em contratos, em linguagem jurídica
Considering that: em outros escritos

VOCATIVO

Uso correto do vocativo em ofícios e cartas comerciais, no aspecto da pontuação:
Prezado Senhor, [com vírgula]
Prezado Senhor: [com dois-pontos]
Prezado Senhor  [sem nada]

SÃO DOIS PRA LÁ, DOIS PRA CÁ

THE PROSPEROUS TRANSALATOR

       On investing first, and reaping the benefits later: “Like every other business, translation means investing money and taking risks. You can’t dip one toe in the water and expect the fish to bite.”
       On charging right for translation services: “High prices don’t necessarily mean impeccable quality, but low prices are a strong indicator of sub-par quality.”
Source: Fabio Said [http://fidusinterpres.com/?p=8957
Book: The Prosperous Translator, by Chris Durban

MUITA PALHA PRA POUCA BRASA

É assim que tudo começa: estava eu lendo a newsletter "Migalhas" de hoje:
"TJ/SP concede 200 salários mínimos de dano moral ao ex-governador XXX por reportagem publicada na revista YYY. Segundo a reportagem, havia boatos ... que o político tinha, por meio de homem de palha, imóveis no município."

"por meio de 'homem de palha'"?
daí: homem de palha, laranja, testa-de-ferro = straw man / man of straw; nominee
figurehead, dummy
dummy shareholder = acionista laranja / ficticio / simulado. laranja; testa-de-ferro
dummy director / accommodation director / nominal director = diretor simbólico; diretor laranja.

dummy corporation = sociedade de fachada; sociedade laranja.

act as a "front" - servir de "laranja"
fogo de palha, estardalhaço = seven-day wonder
"seven-day wonder"?
a seven-day wonder = Fig. a person or a process supposedly perfected in only seven days. (Sarcastic.) Tommy is no seven-day wonder. It took him 6 years to get through high school!
nine days' wonder = Fig. something that is of interest to people only for a short time. Don't worry about the story about you in the newspaper. It'll be a nine days' wonder and then people will forget. The elopement of Bob and Anne was a nine days' wonder. Now people never mention.

ou muito barulho por nada = too much ado for nothing
"ado"?  "cada um no seu quadrado"?
.. só sei que foi assim! (citação recorrente no "Auto da Compadecida")
"Auto da compadecida"? [Auto é uma representação teatral, geralmente de alguma passagem bíblica. Portanto, quando se diz Auto de Natal, refere-se à encenação do nascimento de Cristo. No caso de Auto da Compadecida, trata-se de representação envolvendo Nossa Senhora, que se compadece ( solidariza-se com os ) dos sofrimentos dos humanos. Daí o nome "Compadecida". O filme foi traduzido como "A Dog's Will", por razões mercadológicas, enquanto que o mais apropriado talvez fosse: "Our Compassionate Lady"] 
Socorro! Preciso parar!

LEGAL TERMS YOU NEED TO KNOW

Consideration                Reasonable                        Equity (Remedy)
Equity (ownership)        Equity (of Redemption)      Estoppel
Specific Performance    Liquidated Damages           Will
Shall                             May                                   Finder of Fact
Finder of Law              Adversarial System              Four Corners Rule
INSTRUCTIONS TO WATCH THE RECORDING:
Go to:http://www.lexmercator.com/virtual-classroom.
Click “attend”, and then enter the event identification number: MHS315348.
You will see a message that the event has already taken place, but if you look below that you will see a spot to click “playback”. The whole lecture was recorded and is available on-demand.
[Authorized by Kit Williams]

SET PRICES / FIX PRICE / PRICE FIXING

Se você quiser fixar preços [no bom sentido, sinônimo de estabelecer], use "to set prices"!  Ex.:
- How to Set Prices for Your Services - One of the trickiest issues for many new businesses is working out how to set prices for your services.
- modelo de fixação de preços: pricing model
- fixação de preços com base no custo = cost-plus pricing
- precificação = pricing
- fixação de preço alto/excessivo = peak-load pricing
- fixação de preços predatórios/abusivos = predatory pricing
- política de fixação de preços elevados = price-skimming policy
- sistema de fixação de preços de transferência em duas fases = two-part transfer pricing system
- fixação de preços estratégica = strategic price setting
- fixação de preço global = lump-sum pricing

[no sentido negativo]
fixação de preços = price fixing; pegging (mercado de capitais)
fixação de preços abaixo dos custos = dumping
cartel de fixação de preços = price-fixing cartel
- The courts confront XYZ's involvement in price fixing - Four companies face powerful evidence that they colluded to limit production and fix prices of their products.

EVERY DOCUMENT MAY HAVE MISS STEAKS - PROOFREAD IT!

Source: http://www.youtube.com/watch?v=jKD54Y8Oxe0

JUDICIAL PRECEDENT

A precedent is a ruling that a judge must follow when considering a case that raises similar legal issues. It's a foundation of common law legal systems. But how are precedents established? ...
[É importante assistir ao vídeo porque ajudar a fixar o conceito.]

Transcript of video - This video is presented by TransLegal - the world leader in Legal English
       - Hi, my name's Matt Firth and welcome to TransLegal's lesson of the week.
       - Today I'll be talking about how precedents are established. A precedent is a ruling that a judge has to follow when considering a case that raises similar legal issues. It's a foundation of common law legal systems.
       - So, how are precedents established?
       - I'm going to use the example of a fictional act, let's call it the Dogs Act. This is a fictional act, it doesn't exist, you won't find it anywhere. So the Dogs Act.
       - The Dogs Act is introduced into England and the Dogs Act says that by the first of January 2012 all dogs have to be handed in to be put to sleep. For whatever reason, England wants to get rid of all of the dogs. OK.
       - The second of January 2012 I haven't given my dog in, I love my dog and I'm out taking my dog for a walk, somebody sees me and reports me and I get arrested. And I get arrested under the Dogs Act.
       - My case is a criminal case and in England all criminal cases, begin at the Magistrate's Court. And serious cases then get sent up for trial at the Crown Court. And the Crown Court is the first major criminal court in the UK.
       - So what am I going to argue? Well, lets' say the text of the Act says simply that all dogs have to be handed in to be put to sleep. How can I argue that my dog isn't a dog. Well, maybe I could argue that my dog is actually a hound. I could try and argue the difference between a dog and a hound. I could try and say look, if you think of a dog most people think of a domestic animal, a nice sort of cuddly pet. If you think of a hound, it's a working dog. Dogs that used to be used for hunting.
       - Maybe the judge likes my argument, maybe he’s a hunter himself and he says,
       - “Yes, ok, I can accept that. I think in most people's eyes a dog is a domestic animal, a domestic pet. Yours isn't a dog, it's a hound. I don't think that was the intention of Parliament. I'm going to allow it.”
       - Now that's then set a precedent. Future cases that come up to the Crown Court, would rule that there is a distinction between a dog and a hound and under the Dogs Act hounds do not have to be handed in. However, the state aren't happy with that. The prosecutor (Procurador do MP), the prosecution (Procuradoria / Ministério Público) aren't happy with that. They don't like that interpretation of the Dogs Act.
       - They appeal the decision. It goes up to the Court of Appeal, the Criminal Division. Now, the Court of Appeal can uphold the judgment (manter/confirmar a sentença) of the Crown Court or they can overrule it (revogar, anular). In this case, they decide to overrule it. So, what then happens?
       - Well, the final Court of Appeal within the UK legal system, before going on to Europe, is the Supreme Court and the Supreme Court could, again, they could uphold the judgment of the Court of Appeal or they could overrule it and reinstate the original judgment. And in this case let's say they decide to reinstate (restabelecer) the original judgment. That's fantastic for me. I don't have to go to prison. That's then set a precedent.
       - The Supreme Court is generally bound by its own decisions. There are certain circumstances under which it will depart from previous decisions but for reasons of predictability it's very important that, as far as possible, they stick to their own decisions and all lower courts have to then follow that precedent. And in this case the precedent is that a hound under the Dogs Act is a working animal, it is not the type of dog that was meant under the Dogs Act. So I'm free.
Source: http://www.translegal.com/legal-english-lessons?utm_source=LexMail&utm_campaign=f8b5c813cc-LexMail_2011_03_08&utm_medium=email

Kudos = Congrats >< Criticism

Kudos n. Acclaim or praise for exceptional achievement. From Greek κῦδος, meaning "glory" or "renown". The word is singular.
Phrases:
- Kudos to ABC (UK supplier) - I thought I'd take a moment to give thumbs-up to ABC in the UK, one of the few suppliers without a dedicated sub-forum.
- Kudos to the postal system: Christmas card delivered without address, town or postcode.
- Congrats to former ABC star, DEF,
- A new leak of US government documents includes serious criticism of UK operations in Afghanistan.
- Salvation Army clothing collections company faces criticism over earnings.

TO TABLE

        In his history of the Second World War, Winston Churchill records that differences in the interpretation of the verb "to table" caused an argument between British and American planners.
        The British wanted a matter tabled immediately because it was important, and the Americans insisted it should not be tabled at all because it was important (it had to be studied beforehand).

In British English, the term means "to discuss now" (the issue is brought to the table),

whereas in American English it means "to defer" (the issue is left on the table).

Source: https://www2.bc.edu/~stantoro/en307/presentations/08handouts/usuk.ppt
UK: to formally announce that you want something to be discussed during a meeting.
       Ms Scott tabled an amendment (=change) to the suggestion.
US: to postpone discussion on a particular subject or motion until a later time
      We'll have to table this last item until our next meeting.
Phrasebank
• A new clause was tabled to the Criminal Justice Bill.
• The proposal was tabled by Matthew Shefras MP.
• On the last day, the House of Representatives tabled the legislation.
• The proposal failed to gain support so they had to table it.
Common mistakes
• Note that this term has opposite meanings in BrE and AmE. Make sure that you know who your readers or listeners are when you use this term.

"Making the price" of your translation services

(as opposed to "taking the market price")
Every business, whatever its nature, including your translation business, is pursuing a number of objectives to guide its activities and mandate its actions. One of the main business objectives is to be profitable. While there are other important factors -growth, adding value to the company, etc.- without profitability it will not be possible to sustain your translation business in the medium to long term.
 Determining the ideal price for your translation services should follow a proactive approach rather than a reactive one. You need to become a smart competitor by learning to maximize your profits and avoid direct competition. But how do you do that? Benson Shapiro, a professor of Marketing at Harvard Business School, points out the importance of differentiating yourself from your competitors. You need to concentrate on your own success and not put all your energies into beating your competitors. Large clients put a lot of pressure on translation suppliers to reduce prices. In turn, in a highly competitive market such as the translation industry, translators tend to respond to these pressures by reducing their prices in an attempt to gain market share. The result: the entire translation industry is self-destroying its profitability. You cannot just resign yourself to accepting this trend. You need to take action and become a ?price maker? and stop being a "price taker."
 Competitors, in an attempt to gain market share or market position, often succumb and thus destroy the profitability of whole markets.
-- Benson P. Shapiro
 The following are seven recommendations offered by Shapiro to "make" your own price.
 1- Create value for your clients. In order to create value for your translation clients, you need to know what you can do to enhance the benefits of your translation offering and eliminate the reasons for not buying from you. Value has to do with perception and, therefore, is very subjective. The translation business is a "credence service." Credence means trust. Most of your clients do not have the skills or knowledge to assess the quality and value you are offering, so they rely mostly on how you manage the perception of value. Effective communication is necessary to help your clients understand the value they are receiving. Focus mainly on the benefits they are receiving and not so much on the process. Create compelling reasons for clients to buy from you and eliminate those that prevent them from doing so.

2- Be selective as to whom you want to sell your services. When you concentrate on meeting the needs of a particular target market, you will be better positioned to offer value to that market. Be "picky" about whom you work for. Find clients that value your professionalism, work ethics and dedication to exceed their expectations. Focus your capabilities on meeting the needs of a specific niche market in which you can provide superior perceived value. Do not waste your time and energy on those clients that care only about price. Those types of clients are not loyal and are always on the lookout for deals. Stay away from them!

3- Dare to be different. In the translation industry, it is very common to follow the "Joneses." Resist the pressure of doing what everybody else is doing in the industry. Avoid falling into the trap of following your competitors. Learn what they are doing so you can come up with something innovative. The difference can be in the nature or form of your service or for whom it is created. The more unique your translation offering, the greater the opportunity to set your own price.

4- Keep it simple. Don't complicate things for your clients. Minimize complexity in your service offerings. Avoid so many options and technical lingo that might make your client walk away. Make sure your clients understand the difference between each offering in plain vanilla language.

5- Charge according to the perceived value of your services. This concept relates to the quality or quantity of the perceived value you are offering to your clients. For example, is the turnaround time important to your client? You can charge more for finishing your translation earlier. You can set different price levels according to variables of value, like quality and time.

6- Keep your word. Your work and professional ethics play a critical role in the success of your business. If you don't deliver on your promise, your client will have an excellent reason to focus on the price. When you promise to deliver by a certain date and time, make sure you do. Don't come up with excuses for your delays. Your clients might forgive you a couple of times, but, if this becomes a habit, you quickly lose your right to be a "price maker." When your clients are satisfied with your services, they tend to focus less on price. In addition, satisfied clients tend to pay faster than those that are not.

7- Be courageous. This is the most difficult one, especially for translators. When a client comes with a high-volume project, it is very likely he/she will try to negotiate a cheaper price. While this practice is common in the industry, succumbing to it will erode your value proposition and automatically place you on the "price taker" side of the market. It then becomes very difficult for you to maintain control of your business. When you know that your offer is of great value, nobody should set your price for you. Be courageous enough to say "no." Rather, negotiate by increasing the perceived value of your offering (faster turnaround, more quality checkpoints, etc.).
 It is not easy to get clients. You must work every second to obtain new clients and then expend all your time and efforts to generating their loyalty towards your business. The worst that can happen to a business is to begin "working" with a client, to invest a lot of time and effort, only to eventually have that client take its business to a competitor.
 The interesting thing is, if you are guilty of this, the solution is in your hands. Focus instead on increasing the perceived value of your services and not in cutting your prices to get more sales. Strive to deliver value from the first moment, with courage and differentiation in an ideal market so that price is not the sole deciding factor in buying your services. In the end, most clients make the decision to buy based on the benefits being offered. Rarely is the purchase decision made solely on price.

Marcela Jenney
Marcela Jenney (MBA) is a globally expert entrepreneurial marketing and business coach and consultant with over 20 years of experience. She holds an MBA in marketing, is an internationally known speaker and frequently published author.
www.latitudescoach.com

"Is it logical to accept giving a discount on a big job?"

The Illogical Series (When a Big Translation Is a Big Problem)
(...)
     The client's e-mail message says the job coming up will be hUUUge. And so you smile and lick your chops in anticipation of the succulent check that will accompany such a job. But that dreamy smile gets wiped off your face by the next line: since the job is hUUUge, the rate paid will be tiny. The client's argument is that since what's being offered is a lot of work, you should charge less. (And so we see the approach of the trend that overshadows us today: that of considering translation to be a "commodity").
     Shouldn't it be utterly obvious that this reasoning is incorrect? Clearly, I mean from our standpoint, as translators. Sure, for the client, it's just swell!
     Now, I may be a right-brain thinker, but I'm tempted to run through the equation:
If they give you 1,000 words, they pay you USD 0.10 per word.
If they give you 2,500 words, they pay you USD 0.09 per word.
If they give you 5,000 words, they pay you USD 0.08 per word.
If they give you 10,000 words, they pay you USD 0.07 per word.
If they give you 20,000 words, they pay you USD 0.06 per word.
If they give you 30,000 words, they pay you USD 0.05 per word.
If they give you 40,000 words, they pay you USD 0.04 per word.
If they give you 50,000 words, they pay you USD 0.03 per word.
If they give you 60,000 words, they pay you USD 0.02 per word.
If they give you 70,000 words, they pay you USD 0.01 per word.
If they give you 80,000 words, they pay you USD 0.00 per word.
     STOP!!! Watch out, now, Colleagues! WATCH OUT! Because according to this, when we get to 80,001 words, we have to start PAYING to translate!
     Come on now... Do we look like we were born yesterday?
     Is it logical to accept giving a discount on a big job? I think so. Okay, but:
- What exactly is a big job? How many words merit my accepting a discount?
- And just what kind of percentage discount can we be expected to accept?
     Some time back, a colleague (who runs a translation firm in Buenos Aires) called me and offered me a job at ARS 0.06 per word (six centavos in Argentine currency or about 1.5 US cents per word). I couldn't believe my ears, but I limited myself to saying I wouldn't accept the proposal because it was such a terribly low rate. She immediately rebutted, saying: "But it's 10,000 words! And later there'll be 10,000 more!"
     So, is 10,000 words a big project? No. It's not a big project.
     In terms that our colleagues with fewer "flying hours" can understand: We translators have a daily average production of 2,500 words. Just divide 2,500 into 10,000 and it's easy to see that this is a four-day project and a four-day project is not one that warrants any kind of discount.
     Let's suppose I quote USD 0.10 per word for X agency. If they offer me 10,000 words, that's my rate. If they offer me 20,000 words, that's my rate. If they offer me 30,000 words, that's my rate.
     Will my price come down if they offer me a lot of work? Yes. Maybe if they can come up with 50,000 words, I'll give them a "little" discount. And the key word here, Colleagues, is "little." What, 2% or 3%? Something like that. As everybody knows, that price will depend on the project's many variables.
     The illogical series only makes sense to those who continue to try and take advantage of our beloved profession. In the client's mindset: Just look at the excellent project I'm offering you! (= so excellent that I'll only pay you a couple of bowls of rice to translate it). What we have to remember is that if we accept a tiny per word rate because the project is hUUUge, then we'll be all tied up and unable to accept the better jobs when they come along. More important still, we will be aiding and abetting those who seek to consolidate what, for us, is a nefarious idea: translation = commodity.
By: Aurora Humarán
Translated by Dan Newland
http://www.aipti.org/eng/articles/art14-the-illogical-series-when-a-big-translation-is-a-big-problem.html

NECK EXERCISE

http://www.wordhord.com/humor/neck-exercise/

NATIVES X NON-NATIVES

http://mox.ingenierotraductor.com/

AMORTIZATION Vs. DEPRECIATION

This video is presented by TransLegal - the world leader in Legal English
Transcript of video
Hi, my name is Mandesa and welcome to TransLegal's lesson of the week.
Today I'm going to be talking about the distinction or difference between amortization and depreciation.
Both amortization and depreciation are methods that companies use to allocate the costs of an asset over time. However, depreciation refers only to tangible assets. For example, cars, equipment, machinery; whereas amortization refers to intangible assets, for example, licences or patents.
So for example, if a company were to buy a piece of machinery that is expected to have a life of 10 years and that machinery cost $10 million, assuming a straight line method of depreciation, then this machine would be depreciated by $1 million under 10 years. However, if the same company were to purchase a licence to use equipment for 10 years at a cost of $10 million, the value of this licence would be amortized at $1 million a year under 10 years.
Thank you very much. If you have any questions or comments please feel free to write them in the little box below and either myself or one of my colleagues will be happy to get in touch with you. Thank you very much.

COUPLETS = DOUBLETS [BINÔMIOS] / TRIPLETS [TRINÔMIOS]

The use of two or more synonyms or near-synonyms in legal English where one term would be adequate.  There is a curious historical tendency in legal English to string together two or three words to convey what is usually a single legal concept.

Couplets/doublets (parings of synonyms; two similar things; a pair)
acquire and gain property
bring and file suit
cease and desist from doing
fit and proper, perform and discharge,
free and clear
goods and chattels
indemnify and hold harmless from any and all liability
null and void
private and confidential
showed no remorse or contrition
terms and conditions
waive and relinquish any and all right or claim
without let or hindrance

Triplets (A group or set of three of one kind.)
dispute, controversy or claim
give, devise and bequeath
Hereof, Thereof, and Everywhereof
promise, agree and covenant.
rest, residue and remainder

Plain-English advocates suggest that no document can possibly cover every contingency, and that lawyers should not attempt to encompass every contingency they can foresee. Rather, lawyers should only draft for the known, possible, reasonably expected contingencies.

De MIGALAW ENGLISH:
a) Binômios
- each and every
- any and all
- due and payable
- by and between
b) Trinômios
- authorized, executed and delivered
- legal, valid and binding
- illegal, invalid or unenforceable
- full, true and correct
- right, title and interest
c) Sequência de termos [Polinômios]
- demand, presentment, protest and other notice
- legality, validity, binding effect or enforceability

Diferentemente do passado, a tendência, hoje, é a de evitar o emprego de termos supérfluos. Garner (2001), entre outros autores, recomenda que o uso de binômios e trinômios seja evitado na linguagem jurídica que, em inglês, é historicamente redundante. O autor recomenda ainda a aplicação de duas regras – que a meu ver também poderiam ser aplicadas à tradução dos termos objeto da questão da leitora quando empregados em polinômios – a saber:
- se uma palavra abrange o sentido de outras, usar só aquela (e.g. full, true and correct)
- se as palavras são sinônimas (e.g. legal, valid and binding), usar a que couber melhor no contexto.

DOODLE FOR GOOGLE

Página do Google de hoje. Desenho feito por Maria Luiza Carneiro de Faria (9 anos), vencedora do concurso "Doodle for Google" - Tema: "Nosso Brasil do Futuro"
Doodle (noun): A figure, design, or scribble drawn or written absent-mindedly  (aqueles rabiscos feitos durante uma reunião desinteressante).
v., -dled, -dling, -dles. v.intr. To scribble aimlessly, especially when preoccupied. 2.To kill time.
v.tr.:  To draw (figures) while preoccupied.
Read more: http://www.answers.com/topic/doodle#ixzz1EApdlYsp

DELECTABLE = DELICIOUS = DELIGHTFUL

greatly pleasing to the taste:
- The bruschetta di peperoni had some juicy pieces of roasted peppers over a layer of “burrata pugliese”, a delicious cheese made of mozzarella and cream which was delectable.
- We will be holding tastings and selling our delectable herbal teas.
- Shop thousands of delectable tank tops and tanks.
- We're back, ready for another delectable competition.
- Her new novel is a delectable mystery...

IRADO, CARA! = GNARLY, DUDE!

(adj) used to describe anything really far out and amazing, not necessarily lovely; an extraordinary stunt, or event.  A word that is overused by the cast of Laguna Beach. It means crazy, rad, totally awesome. A slang term for something extreme. Used in bad and good cases. Originated from the word gnarled - grotesque, yet awesome.
Original from 70's surfspeak - to describe waves that are violently breaking without the form that would render them more rideable. Can also describe less than ideal females.
- These kooks have no idea what GNARLY is. Gnarly is when you've gone beyond radical, beyond extreme, it's balls out danger, or perfection, or skill or all of that combined.
-  That scar's fucking gnarly
- Gnarly, Dude: Google Solves Rubik’s Cube In 20 Moves
- Try riding this, dude: The world's largest skateboard that is bigger than a bus!
- That was gnarly, dude!!!
- Nobody can shred like that guy, he's fuckin gnarly.
- Pipeline in the winter is fucking GNARLY!
- That was a fucking gnarly wreck man, that dudes head flew off.
- Did you see that new Local Motion board? It is gnarly.
- That was/is SO gnarly!
- That was a gnarly wipe out !!! (off the hook , totally extreme)

TENET = DOCTRINE = OPINION = PRINCIPLE

"Tenet" comes from the Latin word "tenere," meaning "to hold." It refers to any opinion, principle, belief or doctrine that is held to be or maintained as true by a person or a group. It is generally used in connection with religion, politics and philosophy.

Core Value - In a political system or government, or in a company or organization, a tenet is a core value. For example, freedom of speech is a tenet of democracy, while the provision of top quality customer service is a tenet of many businesses.

Personal Tenets - An individual may possess his or her own tenets, such as always looking on the "bright side" or never being late for appointments.

Usage in Sports - The word tenet is also used in the sports world. Keeping your "eye on the ball" is a baseball tenet, while "keep your head up" is a tenet used in basketball.

- "Paradox" is a tenet contrary to received opinion.
Source: www.answers.com / ehow.co.uk

DISPOSITIONING

"DISPOSITION OF NONCONFORMING SUPPLIES - ... Maintain a record of the disposition decision and action thereon. A copy of each rejection report or disposition action shall be furnished to the Government Inspector. Seller management shall quarterly audit and review all rejection reports that have not been finally dispositioned."
"Dispositioning", as used in this form means completion of action required of the Seller toward resolving the deficiency (i.e., submittal of DSR or repair procedure to Buyer, repair of deficiency after approval of repair procedure, etc.).
"Final dispositioning" means completion of all actions by all involved organizations to completely resolve the deficiency.
Also:
One's usual mood; temperament: a sweet disposition.
a. A habitual inclination; a tendency: a disposition to disagree.
b. A physical property or tendency: a swelling with a disposition to rupture.
Arrangement, positioning, or distribution: a cheerful disposition of colors and textures; a convoy oriented into a north-south disposition.
A final settlement: disposition of the deceased's property.
An act of disposing; a bestowal or transfer to another.
a. The power or liberty to control, direct, or dispose.
b. Management; control.
PRIVITY: of contract is the principle that a contract cannot give rights to, or impose obligations on, any person who is not a party to the contract.
CONSIDERATION: As used in this section, 'total consideration paid' includes money or anything of value which is paid or delivered in exchange for the goods.
UNCONSCIONABLE [absurdo, imprudente]:   adj. Not restrained by conscience; unscrupulous: unconscionable behavior. Beyond prudence or reason; excessive: unconscionable spending.
The amount of the arbitration fee may be unconscionable because it is excessive in relation to the value of the underlying claim.

Outsourcing to India goes beyond tech support

Indian lawyers are in great demand in the United States - not for their arguing skills, but for their writing and editing skills. According to an article in the journal of the American Bar Association, attorneys in India have been correcting grammatical and other mistakes of partners and associates at some of the top 100 law firms in the US. . Training Indian legal eagles to write the American way works out to be cost-effective for these law firms in the long run.
Source: Migalhas International

A LENDA PESSOAL / FIND BLESSINGS WHEREVER YOU GO. 12 STEPS

"My happiness depends on me. I choose joy now."
12 steps to personal legend - Alan Cohen wrote these steps:
1]       Tell yourself the truth: draw two columns on a sheet of paper and in the left column write down what you would love to do. Then write down on the other side everything you're doing without any enthusiasm. Write as if nobody were ever going to read what is there, don't censure or judge your answers.
2]        Start slowly, but start: call your travel agent, look for something that fits your budget; go and see the movie that you've been putting off; buy the book that you've been wanting to buy. Be generous to yourself and you'll see that even these small steps will make you feel more alive.
3]        Stop slowly, but stop: some things use up all your energy. Do you really need to go that committee meeting? Do you need to help those who do not want to be helped? Does your boss have the right to demand that in addition to your work you have to go to all the same parties that he goes to? When you stop doing what you're not interested in doing, you'll realize that you were making more demands of yourself than others were really asking.
4]        Discover your small talents: what do your friends tell you that you do well? What do you do with relish, even if it's not perfectly well done? These small talents are hidden messages of your large occult talents.
5]        Begin to choose: if something gives you pleasure, don't hesitate. If you're in doubt, close your eyes, imagine that you've made decision A and see all that it will bring you. Now do the same with decision B. The decision that makes you feel more connected to life is the right one - even if it's not the easiest to make.
6]        Don't base your decisions on financial gain: the gain will come if you really do it with enthusiasm. The same vase, made by a potter who loves what he does and by a man who hates his job, has a soul. It will be quickly sold (in the first case) or will stay on the shelves (in the second case).
7]        Follow your intuition: the most interesting work is the one where you allow yourself to be creative. Einstein said: "I did not reach my understanding of the Universe using just mathematics." Descartes, the father of logic, developed his method based on a dream he had.
8]        Don't be afraid to change your mind: if you put a decision aside and this bothers you, think again about what you chose. Don't struggle against what gives you pleasure.
9]        Learn how to rest: one day a week without thinking about work lets the subconscious help you, and many problems (but not all) are solved without any help from reason.
10]        Let things show you a happier path: if you are struggling too much for something, without any results appearing, be more flexible and follow the paths that life offers. This does not mean giving up the struggle, growing lazy or leaving things in the hands of others - it means understanding that work with love brings us strength, never despair.
11]        Read the signs: this is an individual language joined to intuition that appears at the right moments. Even if the signs point in the opposite direction from what you planned, follow them. Sometimes you can go wrong, but this is the best way to learn this new language.
12]        Finally, take risks! the men who have changed the world set out on their paths through an act of faith. Believe in the force of your dreams. God is fair, He wouldn't put in your heart a desire that couldn't come true.
"..A lenda pessoal é aquilo que você sempre desejou fazer. Todas as pessoas, no começo da juventude, sabem qual é sua lenda pessoal.
    Nesta altura da vida, tudo é claro, tudo é possível, e não temos medo de sonhar e de desejar tudo aquilo que gostaríamos de fazer. Entretanto, à medida em que o tempo vai passando, uma misteriosa força começa a tentar provar que é impossível realizar a Lenda Pessoal.
     Esta força que parece ruim, na verdade está ensinando a você como realizar sua Lenda Pessoal.
     Está preparando seu espírito e sua vontade, porque existe uma grande verdade neste planeta: seja você quem for, quando quer com vontade alguma coisa, é porque este desejo nasceu na alma do Universo.
     É sua missão na Terra."
(Paulo Coelho, O Alquimista")