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American Sign Language (ASL) Training Series for C ...
Terminology and Glossaries
Terminology and Glossaries
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Hello, welcome to the module on legal terminology and legal glossaries. This module is part of a training series for ASL hearing and deaf interpreters working in the California courts. In this module, you will learn about why it's important for you to know and understand certain legal terms and phrases to be a successful court interpreter. You will learn tips and tricks to develop your knowledge of these specialized terms and how to develop your own legal glossary to assist you in your work. Let's get started. Every field has words and phrases with specific or specialized meanings. These are often called terms of art. Interpreters who work in the medical field must understand health care terms related to diseases, medications, and the human body. The legal field is no different. There are terms of art used in a court setting that you must know to be a successful court interpreter. This includes legal terms, court processes, and other words and sayings that come up in the court context. Many legal words are rooted in Latin. For example, the legal term sua sponte means of their own accord. In a legal context, sua sponte is used to describe an action taken voluntarily by the judge without prompting from any of the parties. A judge may dismiss a case sua sponte if the court lacks jurisdiction over a matter even if neither party asks the court to dismiss it. The Latin term habeas corpus translates to show me the body. But in a legal context, habeas corpus is used by an individual who is incarcerated or held in custody to ask the court to review if the detention is legal. In both these examples, it would be inappropriate to simply interpret the terms. Often, you will need to provide context for the words that you use so that you do not provide an inaccurate interpretation. For example, the word right can mean accurate or correct, but it can also mean moral or legal entitlement or reference to a direction. The specific meaning of words often depends on context, which will dictate which meaning and which interpretation you will use. In addition to legal terms of art, it is also a good idea to become familiar with common courtroom phrases that you will encounter in your work. A skilled interpreter should be ready to translate legal phrases quickly without hesitation. Counsel sidebar, please, is an example of a phrase that you may hear in the courtroom. This means that the judge would like to speak with the lawyers privately in the area in front of or next to the bench, where the jury cannot hear what is discussed. Another example of a courtroom phrase that you might hear is poll the jury. Polling the jury means confirming each juror vote after the verdict is read in court. Become familiar with these and other legal phrases before you accept your first assignment. As you learned in previous modules, court interpreters can and do work in a wide range of court settings. Interpreters will be expected to know and interpret legal terminology throughout all of these settings. Be prepared to interpret in different settings, such as during a mediation session, at the clerk's counter, and in a court self-help center. Knowledge of words like pro se, conciliation, and probate will come in handy. Court interpreters should develop a strong understanding of the terms that are frequently used in these court settings. Research the type of proceeding that you will be interpreting ahead of time to make sure that you are prepared. Note any commonly made motions or legal principles that may come up. For example, words like ex parte, motion in limine, and Alford plea may be important to know. A thorough understanding of the meaning and intent behind these highly specific legal ideas will allow you to formulate an appropriate interpretation that a deaf person immediately understands. Interpreters should also be familiar with commonly used terms in the case types in which they will interpret. Be prepared to interpret common terms in all kinds of matters from criminal to family matters to family law matters and everything in between. In these case types, words like cohabitate, QDRO, concurrent sentences, and extradition may be useful to know. Interpreters should also be prepared to interpret terms related to drugs, weapons, traffic, automotive, and medical matters. And regardless of their personal views, interpreters should be familiar with and able to interpret slang and profanity. Additionally, interpreters can become familiar with litanies and common scripts judges use. How do you begin to learn these terms? You don't need to be a lawyer or an expert in legal terminology to be a successful interpreter. But you do need to know the basics. Simply stated, you can't interpret a word if you don't know it. And it's difficult to interpret a term correctly if you don't understand its meaning. If you are still working to develop your knowledge, a glossary can help. A glossary is a type of dictionary that pulls together words or phrases and their definitions. In a glossary, all terms are connected and relate to a similar topic. Some books have a glossary, which defines terms and expressions that the author uses in the text. Many interpreters who work in court build a glossary that contains terms, definitions, and videos. Successful interpreters add to this glossary over time as they encounter new terms and phrases. So how should you develop your own legal glossary? One way to start is by identifying monolingual resources. There are a number of English-based legal glossaries that you can use to learn common legal terms. These glossaries identify what each legal term means and in what areas of the law you are likely to find them. Here are a few examples to get you started. The California Judicial Council has a Self-Help Glossary, which contains terms commonly used by self-represented litigants. This resource is a great place to start. The glossary can help you define terms used in California, but you will still need to find the ASL translation. We will talk more about that in a minute. Other state courts, like Massachusetts, have similar resources. The National Center for State Courts has a Plain Language Glossary, which identifies many commonly used legal terms and suggests plain language alternatives. The California Judicial Council also has a Jury Service Glossary that includes terms that people are likely to encounter when they serve on a jury. Once you have a handle on the English terms, start building out your glossary of ASL terms. Project CLIMB's Legal Terminology Dictionary is an excellent place to start. This resource contains approximately 300 legal terms and definitions, as well as standardized ASL interpretations. Use this glossary for definitions and confirm which sign should be used for each legal term. Many ASL interpreters use existing resources to create their own glossary of terms. You can do this, too. Use an online spreadsheet to categorize terms and phrases and indicate their base definitions. Add terms over time as you encounter them in your work. Don't forget to include a video library with ASL signs for each term and phrase. Finally, it's best practice to compare your signs with another interpreter. Partner with another ASL interpreter to try out interpretations and get real-time feedback. Make sure your interpretation is accurate. Two minds are better than one. Learning new terms and phrases never ends for court interpreters. Continuing to improve your knowledge and skills will help you develop both personally and professionally. The more you know, the more accurate your interpretations will be. There are many resources available to support your continued learning and development. Here are a few ideas to get you started. Attend court hearings and observe other interpreters. Most court proceedings are open to the public, and you can often find out from the court interpreter coordinator when a case may have an ASL interpreter. Pay close attention to the language used by litigants, lawyers, court staff, and others. Jot down words, phrases, and other ideas to include in your glossary and also watch how terms are signed. Meet and work with other practitioners inside and outside of court. It's important to develop a community of practice in the legal field. You can use colleagues to review legal concepts, collaborate, and work through terms to make sure they are understandable. You can also look for an experienced ASL interpreter and ask if they will mentor you. You can also shadow ASL interpreters as they work and share information and develop glossaries together. Additionally, it's good to attend regular trainings. Consult the RID, regional organizations, and the courts to find opportunities for training. You can also consult NAJIT, the National Association of Judiciary Interpreters and Translators, which is a nonprofit professional association of interpreters and translators. NAJIT offers training, camaraderie, and helps promote professional standards in the field of interpreting and translating. Finally, use resources like the Legal Toolkit to expand your competency working in court and legal settings. The Legal Toolkit was developed by Project CLIMB to help practitioners develop skills, better understand legal terms, common legal processes, and more. Thank you for taking the time to watch this module on legal terminology and legal glossaries. In addition to the content covered in this module, make sure to review the resources provided in the complementary materials.
Video Summary
This training module for ASL interpreters working in California courts emphasizes the importance of understanding legal terminology and developing a personal legal glossary. Interpreters need to familiarize themselves with legal "terms of art" and courtroom phrases that carry specific meanings. The module highlights the importance of context in accurate interpretation, provides examples of critical legal terms, and explains how interpreters can avoid inaccurate translations. It also offers suggestions for building a legal glossary using resources such as the California Judicial Council’s glossaries and Project CLIMB’s Legal Terminology Dictionary. Continuous learning and professional development are stressed, advocating for observing court sessions, collaborating with peers, and utilizing various educational resources to enhance interpreting skills.
Keywords
ASL interpreters
legal terminology
courtroom phrases
legal glossary
professional development
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