Khóa luận tốt nghiệp: English-majored seniors' difficulties in translating English - Vietnamese lexical legal terms: A case study at Hanoi Law University

MINISTRY OF JUSTICE MINISTRY OF EDUCATION AND TRAININGHANOI LAW UNIVERSITY 443026 ENGLISH-MAJORED SENIORS’ DIFFICULTIES IN TRANSLATING ENGLISH-VIETNAMESE LEXICAL LEGAL TERMS: A CASE STUD

MINISTRY OF JUSTICE MINISTRY OF EDUCATION AND TRAINING

HANOI LAW UNIVERSITY

443026

ENGLISH-MAJORED SENIORS’ DIFFICULTIES

IN TRANSLATING ENGLISH-VIETNAMESE LEXICAL LEGAL TERMS: A CASE STUDY AT

HANOI LAW UNIVERSITY

Hanoi — 2023

MINISTRY OF JUSTICE MINISTRY OF EDUCATION AND TRAINING

HANOI LAW UNIVERSITY

NGUYEN NHAT QUANG

443026

ENGLISH-MAJORED SENIORS’ DIFFICULTIES IN TRANSLATING ENGLISH-VIETNAMESE LEXICAL LEGAL TERMS: A CASE STUDY AT HANOI LAW

UNIVERSITY

NHUNG KHO KHAN CUA SINH VIEN NAM CUOI TRONG VIEC DICH CAC THUAT NGU TU VUNG PHAP LY ANH-VIET: MOT NGHIEN CUU DIEN HINH TAI DAI HOC LUAT HA NOI

Major: Legal English

GRADUATION THESIS

Supervisor

Hanoi — 2023

ACCEPTANCE PAGE

I hereby state that I: Nguyen Nhat Quang - class K4430, a candidate for thedegree of Bachelor of Arts accepts the requirements of Hanoi Law University relating

to the retention and use of Bachelor's Graduation Paper deposited in the library

In terms of these conditions, I agree that the origin of my paper deposited inthe library should be accessible for the purposes of study and research, in accordancewith the normal conditions established by the librarian for the care, loan orreproduction of the paper

Date: April 2"4, 2023

Supervisor’s confirmation Researcher’s signature

MA Nguyen Hai Anh Nguyen Nhat Quang

ACKNOWLEDGEMENTFirst of all, I would like to express my sincere gratefulness towards mysupervisor, MA Hai Anh Nguyen for her support with great patience, devotion,unwavering advice, profound insight, and experience Mrs Anh has been veryattentive to me and guided me through the difficulties I have in the process of writingthis thesis.

Besides my supervisor, my sincere thanks go to all the Members of the ThesisCommittee, and the lecturers who work hard and fair to evaluate this research of mine,give insightful comments and questions, as well as provide me with detailed feedback

to help my future studies

I am deeply grateful that Hanoi Law University creates such opportunity for

me to enhance my writing and research skills Via this activity, I and other studentsshall gain a variety of useful knowledge and experience for our future careers

Last but not least, I am particularly grateful for my family members and closefriends who have been supportive and caring throughout the journey with theirunconditional love, understanding and kindness I thank my fellow K4429 and K4430classmates for the tremendous amount of advice and cooperation to support me in thewriting and survey process

The intricate nature of legal terminology renders its translation challenging, asdistinct legal systems in different countries create unique terminology that can varysignificantly even among those countries sharing the same language As opposed toscientific or other technical terminology, legal translation poses greater difficultyowing to its system-bound character Therefore, this study aimed to identify thelexical difficulties encountered by fourth-year students at Hanoi Law Universitywhen translating legal terms, as well as their causes and potential solutions Thesample consisted of 60 fourth-year students majoring in legal English, who completedquestionnaires and participated in semi-structured interviews as primary datacollection tools Results revealed that a large number of students faced challengeswhen translating legal terms, with borrowing terms, highly technical terms, archaicterms, and legal system-bound terms being the most difficult As a matter of facts,last-year students also utilized various approaches to overcome these challenges.Based on the findings, the study offers suggested recommendations for students,teachers, and course designers to enhance legal translation proficiency

TABLE OF CONTENTSACCEPTANCE PAGE iACKNOWLEDGEMENT ii

ABSTRACT iil

LIST OF ABBREVIATIONS viiLIST OF FIGURES VillLIST OF TABLES ixINTRODUCTION |

1 Rationale for the study 1

2 Aims of the study 2

1.2.5.3 Borrowing 141.2.5.4 Description 141.3 Lexical difficulties in legal terms translation 141.3.1 Technical terms 151.3.2 Borrowing terms 151.3.3 Archaic terms 161.3.4 Phrasal verbs 161.3.5 Synonyms 171.3.6 Legal tautologies 171.3.7 Unfamiliar pronouns 181.3.8 Reciprocal words and titles 191.3.9 Legal abbreviation 191.3.10 Legal system-bound terms 191.4 Review of some previous researches related to difficulties in translating legalterms 201.5 Summary 22CHAPTER 2 METHODOLOGY 232.1 Participants 232.2 Data collection 242.2.1 Data collection instrument 242.2.1.1 Questionnaire 242.2.1.2 Semi-structured interview 252.2.2 Data collection procedures 252.3 Data analysis procedure 272.3.1 Data analysis from questionnaires 272.3.2 Data analysis from semi-structured interview 282.4 Summary 28CHAPTER 3: RESULTS AND DISCUSSION 293.1 Seniors’ identification of learning and translating legal terms 29

3.3 The possible causes of these lexical difficulties in translating legal terms fromEnglish into Vietnamese

3.3.1 Objective causes

3.3.2 Subjective causes

3838403.4 Suggested approaches applied toward lexical difficulties in translating legalterms from English into Vietnamese

3.5 Summary

CHAPTER 4: RECOMMENDATIONS

4.1 Recommendations for students

4.2 Recommendations for teachers

4.3 Recommendations for curriculum designer

4.4 Summary

CONCLUSION

1 Summary of the main findings

2 Implications

3 Limitations and suggestions for further research

3.1 Limitations of the study

3.2 Suggestion for further study

57

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Legal English tautologies

The lexical difficulties that seniors may encounter when

translating legal terms from English into Vietnamese

Seniors’ lexical difficulties in translating legal terms from

objective causes

Seniors’ lexical difficulties in translating legal terms from

subjective causes

Suggested approaches applied by seniors toward lexical

difficulties in translating legal terms from English into

Vietnamese

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38

40

43,44

INTRODUCTIONThis chapter intends to lay the groundwork for the research paper bydescribing its rationale, aims, research questions, scope, significance andorganization with a clear focus, purpose, and direction.

1 Rationale for the study

The phenomenon of globalization, coupled with the rapid dissemination ofinformation and communication across nations, has significantly accelerated theprocess of translation (Hatim & Munday, 2004) Translation has become an essentialundertaking, not only to comprehend the language, culture, society, and legal norms

of foreign counterparts but also to comply with the current global inclination towardsentering into international agreements However, legal translation is not astraightforward affair, as referred to by Cao (2007), and requires translators withspecial skills, knowledge, and experience When it comes to translation andinterpretation, legal terminology has been a subject of keen interest among linguists,who recognize the challenges posed by cultural differences (Sierocka, 2014) and legalsystem differences (Khizhnyak, 2014) In particular, legal translation presents greaterdifficulties than other types of technical translation due to the system-bound nature

of legal terminology, which is specific to each country's legal system and lackscounterparts in other legal systems (Alwazna, 2019) More importantly, legalterminology is not only shaped by a state's legal system traditions, but also by thedirection of its development and foreign policy Additionally, legal translationinvolves converting legal texts from one language to another while preserving theoriginal meaning and intent and maintaining the unity of terminology between theoriginal and translated texts Therefore, the rationale for studying English-majoredseniors’ difficulties in translating English-Vietnamese legal terms at Hanoi LawUniversity is multifold

Firstly, Hanoi Law University is considered one of the most prestigious lawschools in Vietnam, attracting numerous students who aspire to pursue a career inlaw As part of the language and law training education, English majors at Hanoi LawUniversity are required to study legal translation, which is a challenging course thatdemands a thorough understanding of both knowledge of translation and legal

concepts It can be said that technical term translation in general and legal termtranslation in particular represent one of the most difficult tasks for students Thus, it

is crucial for lecturers and the Department to comprehend the difficulties faced bystudents when translating legal terms to overcome limitations in training, establishvaried and effective teaching methods, and alter the curriculum for English majorstudents

Secondly, fourth-year English majors at Hanoi Law University will be a vitalgroup of future legal practitioners in Vietnam, who will be responsible for translatinglegal documents between English and Vietnamese Any errors or inaccuracies intranslation could lead to legal disputes or other serious consequences Understandingthe challenges that students face when translating legal terms from English toVietnamese is crucial to equip them with the knowledge and skills needed to meetthe demands of the global legal profession as well as improve the quality of legaltranslations, which is essential in today’s globalised world Given that these studentsare at the early stage of their studies and may lack experience in translation-relatedtheories and skills, it is essential to provide them with adequate support to overcomethe difficulties they will encounter

Thirdly, the English-Vietnamese language pair poses a unique set ofchallenges for legal translation, including differences in legal systems, culturalnorms, and linguistic structures These factors can significantly impact the translationprocess, making it difficult for students to accurately and efficiently translate legalterms between the two languages In fact, there may be limitations on the availability

of research resources for students at Hanoi Law University to explore the difficulties

in translation, the causes for those difficulties, and approaches to overcome them

Therefore, the aforementioned reasons have urged the researcher to conduct astudy on “English-majored seniors’ difficulties in translating English-Vietnameselexical legal terms: a case study at Hanoi Law University”

2 Aims of the study

With reference to the study questions and problem, this study intends toachieve the following aims:

- To identify the lexical difficulties that HLU’s English-majored seniorsmay encounter when translating legal terms from English into Vietnamese;

- To investigate the causes of lexical difficulties that HLU’s majored seniors encounter;

English To explore the suggested approaches that HLU’s EnglishEnglish majoredseniors applied to overcome these lexical difficulties in legal terms translation;

- To suggest some recommendations concerning overcoming theselexical difficulties in translating legal terms for English-majored seniors, teachers andcurriculum designer at Hanoi Law University

3 Research questions

The research will be undertaken to address the following questions:

- What are the lexical difficulties encountered by English-majored seniors whentranslating legal terms from English into Vietnamese?

- Which suggested approaches can be applied for English-majored seniors toovercome the lexical difficulties in translating legal terms from English intoVietnamese?

4 Scope of the study

The research paper focuses on the lexical difficulties in translating legal terms

by students with a major in English at the Hanoi Law University The participants inthis study were 100 senior students registered as full-time students regardless ofgender from classes 4429 and 4430 in the Faculty of Foreign Legal Languages atHanoi Law University Accordingly, all participants in the eight semesters weretaught legal terminology and translation skills through Basic and Advanced LegalEnglish; Translation and Interpreting courses as mandatory subjects Therefore,fourth-year students who have already acquired knowledge of Advanced LegalTranslation and Interpreting Module 2 were selected using convenience sampling.However, due to time and capacity constraints, the researcher merely concentrates ondetecting the lexical difficulties of translating legal terms from English intoVietnamese By examining the lexical difficulties that English-majored seniors facewhen translating legal terms, this study can help shed light on the complexities of

legal translation and improve their translation skills and prepare them for success intheir future legal careers.

5 Significance of study

Translation is a vast discipline of study and practice, which so far has seen agreat deal of research works However, the significance of this study lies in thescarcity of research on the challenges faced by students when translating legalterminology Therefore, the study would be of great usefulness for improving thequality of the English-Vietnamese translations of students and assisting students -particularly English-majored students at Hanoi Law University in strengthening theirtranslation competence as well as their knowledge of Laws Moreover, this paper canalso provide insights into the lexical difficulties of translating legal terms acrossdifferent languages and legal systems As legal systems and terminologies varywidely across different countries and regions, accurate translation of legal documents

is critical for effective communication and compliance Besides, the research mayassist teachers to be more aware of common difficulties students may confront whiletranslating and serves as a reference for them in the process of teaching translation.The findings of this research also can be regarded as an experience for researcherswho share the same interest in this topic as well

6 Organization of the study

The study contains three central parts: Introduction, Development, andConclusion

The Introduction includes the Rationale, Aims, Research questions, Scope,Significance and Organization of the study Part II Development is segmented intofour chapters as follows: Chapter 1 The Literature Review sets out the theoreticalframework for research and reviews some of the earlier studies Chapter 2.Methodology provides the data collection instruments, procedures of data collectionand procedures of data analysis Chapter 3 Results and Discussion shows theanalytical findings of the survey and a detailed interpretation of the data obtained.Chapter 4 Recommendations makes a number of recommendations on the basis ofkey study results The Conclusion delivers a summary of the study, its limitations ofthe study and suggestions for future research

CHAPTER 1: LITERATURE REVIEW

In this chapter, the essential concepts of terminology are explored, startingwith the definition of terminology, followed by an overview of the characteristics oflegal terminology Furthermore, the term “translation” is scrutinized, including itsdefinition, legal translation, the characteristics of legal translation, the categories oflegal translation, and strategies for translation of legal terms Moreover, the chapteraddresses the lexical challenges that arise during legal terms translation, along withcomparing Legal English terms and Legal Vietnamese terms Finally, the chapterreviews existing research on the lexical difficulties in translating legal terms

1.1 Terminology

1.1.1 Definition of terminology

Terminology has been defined in various ways by linguistic researchers acrossthe world The seventh edition of the Oxford Advanced Learners' Dictionary(International Student Edition) defines terminology as “a word or phrase used as thename of something, especially one connected with a particular type of language”(Hornby, 2006, p 1526) Valeontis and Mantzazi (2006) note that terminology has adual meaning, referring to “the principles and methods governing the study ofconcepts and their designations (terms, names, symbols) in any subject field, and thejob of collecting, processing, and managing relevant data” as well as “the set of termsbelonging to the special language of an individual subject field”

In Vietnam, renowned linguists such as Nguyen Van Tu, Do Huu Chau, andNguyen Thien Giap have conducted studies on vocabulary and terminology NguyenVan Tu (1960) defines terminology as consisting of fixed words and phrases thatdenote concepts in fields such as science, manufacturing, and culture Similarly, DoHuu Chau (1981) defines terminology as specialist words used within scientific,professional, or technical fields that accurately name concepts and subjects NguyenThien Giap (1981) notes that terms are the precise names of various concepts intechnical fields, with special forms of reference used to identify conceptual entities,properties, activities, or relations in a specific area, as per Baker (1992)

In practice, terminology is viewed as “the set of special words belonging tothe special language of a science, an art, an author, or a social entity”, such as “theterminology of law” or “the terminology of culture” In other words, a term orterminology unit is a name or designation of a concept in a particular subject field.

1.1.2 Definition of legal terminology

In Language for Specific Purposes, each term represents a concept andembodies the semantic value produced by the defining process that gave rise to it(Gotti, 2011) Mattila (2006) also characterizes legal terms as the symbolicrepresentation of legal concepts, highlighting their symbolic function Thesemiotic interpretation of legal terms is evident in the definition provided byISO/R 1087, which characterizes a legal term as a symbolic representation of alegal concept that is conveyed through spoken or written language In the literalsense, Nicoleta (2009) defines legal terminology as the technical language used

by legislators, administrative authorities, courts, and legal professionals Legalterminology is characterized by specific terms and expressions that are unique tothe legal field, as well as by distinct syntactic, stylistic, and idiomatic features.Therefore, a scientific understanding of the theory and practice of searching forinterlingua correspondences is crucial in legal terminology, which is one of themost complex and prominent areas (Nekrasova, 2013)

Based on the above discussion, the researcher concludes that legalterminology refers to a collection of technical words and expressions with specificmeanings used in the legal field

1.1.3 Characteristics of legal terminology

Because the nature of legal terms inherits the features of a scientific term, italso has specific aspects such as “accuracy, systematism, internationalism,nationalism, popularity” (Do Huu Chau (1981), Hatim and Mason (2014), NguyenThien Giap (1998)) The features are discussed below

e Accurateness

In legal language, a term must adhere to strict criteria of fixity, clarity, andprecision in both form and meaning The necessity for accurate legal terminologies

stems from their pervasive use in policies, reports, and legal proceedings, where anyambiguity or imprecision can have significant consequences Legal professionalsundertake extensive research and analysis to ensure that terms are defined withexactitude and contextual accuracy For instance, terms like “violence” (bao luc) and

“owner” (người sở hữu) correspond to a distinct legal concept

e Systematism

Each scientific field has its own system of limited and accurate conceptsexpressed through its system of terminologies The semantic value of a term isdetermined by its relation with others in the same field, once isolated the term doesnot hold that value The systematic nature of legal terminology also allows for easiercommunication between legal professionals, as they can rely on a shared set of termsand definitions The term “bill” means “a written suggestion for a new law that ispresented to a country’s parliament so that its members can discuss it” only when itbelongs to the system of legislative terms

e Internationalism

Terminology should be uniformly understood by people of different countriesand cultures In other words, international readers must be able to refer to the sameconcept when encountering the terms This identity of terms partly helps todistinguish terms from other types of language such as slang, etc

e Nationalism

While terminology can have an international dimension, it should also benational in the sense that terms are part of the national language system of a particularcountry National and regional variations in legal terminology can reflect differences

in legal traditions, cultural values, and historical developments Therefore, it shouldbear the colours and the characteristics of the language, which will facilitate thenaturalness of terms because terms will have the identities of lexicons, forms andgrammar of the language

e Popularity

The popularity of legal terminology can vary depending on the context Somelegal terms are widely recognized and understood outside of the legal profession,while others are more obscure and technical Terminology appears in legal policies,

notes or guidebooks, and so on Popularity can also be influenced by cultural andsocial factors, with certain legal terms becoming popular in different contexts For

example, crime (tội phạm), freedom (tự do), terrorism (khủng bd), etc.

1.2 Translation theory

1.2.1 Definition of translation

There has been a great number of definitions of translation made by manylinguists to obtain an overall of translation development Nida defined: “Translationconsists in reproducing the receptor language the closest natural equivalent of sourcelanguage message, first in terms of meaning and secondly in terms of style.” (Nidaand Taber 1974, p.12) In addition, the following definitions taken from differentsources will give more understanding of this aspect:

(1) Translation is the expression in another language or (target language)

of what has been expressed in another source language, preservingsemantic and stylistic equivalences (Bell, 1991, p.5)

(2) Translation is rendering the meaning of a text into another language in

a way that the author intended the text Common senses tell that thisought to be simple, as one ought to be able to say something as well inone language as in another On the other hand, he also admits that theprocess can be complicated because to transfer the meaning intended inthe way of the author from one language to another, the translator has

to pretend to be someone else (Newmark, 1995, p.5)

(3) Translation is ultimately a human activity which enables human beings

to exchange ideas and thoughts regardless of the different tongues(Antar, 2002, p.2) Translation is a process involving the negotiation ofmeaning between producers and receivers of the text (Hatim & Mason,

1990, p.30)

In general, the authors’ insignificant differences can be found in the degree ofdetail that each definition presents However, they reach some degree of unanimitythat translation is viewed as the process of conveying the meaning of one language toanother language as clearly as possible without changing the meaning of the sourcelanguage

1.2.2 Definition of legal translation

Basically, legal translation is distinct from other areas of translation due to itsbinding, cultural, and interpretive nature As Wagner (2003) notes, legal translation

is critical in facilitating legal reasoning and drafting in multiple languages in today'sera of modernization and globalization Lestari (2017) defines legal translation as asubset of translation activity in his journal This is because legal translation involveslaw, and such legal translation can and frequently does produce not only linguisticbut also legal impact and consequence, as well as because of the unique nature of lawand legal language Legal translation encompasses a broad range of texts, fromstatutory laws to contracts and courtroom testimony, and operates at the intersection

of legal and language theory According to Chroma (2008), the most critical aspect

of legal translation is comprehending the text and accurately interpreting the legalinformation in the source text so that it can be transferred accurately andunderstandably into the target language and legal system

Additionally, Smith (1995) defines successful legal translation as meeting thefollowing requirements:

(1) Precision and attention to detail;

(2) Understanding of the legal system in both the source and targetlanguages;

(3) Knowledge of relevant legal terminology;

(4) Confidentiality;

(5) Documents must be delivered on time

While legal translation and terminology are distinct fields, they are both related

to language Translators and terminologists have different working modes, with theformer dealing with language in general and the latter working with language as aconceptual system (Baker, 1998) However, translators may need to work asterminologists when making choices among alternative expressions or creatingneologisms or paraphrases In legal translation, translators must also have knowledge

of terminology to accurately reproduce legal terms in the target language

1.2.3 Characteristics of legal translation

1.2.3.1 The nature of legal language

According to Alcaraz Varó and Hughes (2014, p.12), legal language ischaracterized by several key features Firstly, legal language is influenced byprecedent and is regarded as conservative, slow to change, and formulaic Secondly,legal language is technical, precise, and definite, making careful distinctions betweensimilar words and using strict definitions Thirdly, legal language pays meticulousattention to detail, spelling things out with painstaking accuracy, even if it seemsredundant Fourthly, legal language is formal in all its aspects, including grammar,vocabulary, and syntax Fifthly, the complexity of certain legal concepts requirescomplex sentence structures, making legal language difficult for non-experts tocomprehend Finally, legal language frequently includes foreign expressions,reflecting the historical and international nature of law Overall, legal language has aprescriptive nature that ensures precision and clarity This unique status makes legaltranslation a highly specialized field that requires expertise and knowledge of boththe source and target legal systems (Giampieri, 2019).

1.2.3.2 A system-bound discipline

According to David and Brierley’s classification of world legal systems, thereare seven categories: Romano-Germanic Law (Continental Civil Law), CommonLaw, Socialist Law, Hindu Law, Islamic Law, African Law, and Far East Law Butthe two largest groups accounting for 80% of the countries are the Common Law andthe Civil Law (Romano-Germanic) (David and Brierley, 1985) Legal systems areembedded in intricate social and political structures that are shaped by the historicalpractices and customs of specific communities Despite sharing some commonorigins, the complexities of these structures differ significantly between countries.Each legal system is unique and reflects the values, beliefs, and practices of thesociety in which it operates As a result, legal terms and concepts that are used in onecountry may not exist in another Therefore, translation is a challenging task as theremay be incongruous elements between the legal systems of the source and targetlanguages Therefore, translation is a challenging task as there may be incongruouselements between the legal systems of the source and target languages Translatorsface difficulties in converting legal texts due to the absence of a common knowledge

base in legal systems/cultures related to concepts, procedures, institutions, andpersonnel as mentioned in legal system-bound terms.

1.2.3.3 Fidelity

One of the most important characteristics of legal translation is fidelity, whichrefers to the accuracy and faithfulness of the translation to the original text In legaltranslation, it is crucial to convey the same message and meaning as the source text,while also taking into account the cultural and legal differences between the sourceand target languages Traditionally, legal translators have been bound by the principle

of fidelity to the source text in order to preserve the letter of the law As a result, itwas widely assumed that the translator's task is to recreate the form and substance ofthe source text as closely as possible If the target text is from a very different legalsystem, extensive explanation, flexibility, and creativity will be required to achieve

an equivalent meaning To achieve the equivalent standard, the legal translator mustfind a way to neutralize, or at the very least minimize, the change in context Forexample, the UN Instructions for translators stipulate that “fidelity to the original textmust be the first consideration” (Sarcevic 1997, p.16)

1.2.3.4 Ambiguity and interpretation

Language is a mirror of life that takes its material from it As a result, the lawdoes not stand alone; it is part of the same body of knowledge as politics, ethics, andmetaphysics, all of which exist within the realm of rhetoric: their reliance on naturallanguage causes them to be “rotten with ambiguity” (Raymond, 2000) Deliberateambiguity is a unique method of drafting legal documents that are only used byprofessionals They use ambiguity in order to gain an advantage Ambiguity is acommon feature of legal language, which can serve various purposes such as creatinguncertainties or reaching a compromise This strategy is often used in contracts andinternational treaties Ambiguity is not considered a flaw in legal texts, but rather aninherent feature, similar to literary texts As such, preserving ambiguity in translation

is important, according to Harvey (2002) According to Zeifert (2022), legaltranslating is never an easy task It is often emphasized that if decoding a legal text ischallenging for a lawyer, it is even more challenging for a translator Therefore, it is

important for translators to refrain from interpreting ambiguities, as this is a task bestleft to trained lawyers.

1.2.4 Categories of legal translation

According to Cao (2007, p.10), legal translation can be divided into threecategories according to the purpose of the TL texts

Legal translation can serve different purposes depending on the context andintended use of the translated text The first purpose is normative legal translation,which involves producing legally binding texts in bilingual jurisdictions (Agreement

on Digital Trade between Vietnam and Singapore, etc.) or multilingual jurisdictions(Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP),etc.) The translated versions of these legal instruments have the same legal force andvalue as the original language versions and can be invoked interchangeably Thesecond purpose is informative legal translation, which aims to provide information tothe target readers about legal texts such as statutes, court decisions, and scholarlyworks These translations are not legally enforceable but are intended to facilitateunderstanding of the original legal texts by non-native speakers For instance, theCivil Code 2015 in Vietnam translated into English for informative purpose for thebenefit of foreign readers is not legally enforceable The third purpose is general legal

or judicial translation, which is used in court proceedings as part of documentaryevidence Translated texts used for this purpose may have legal consequencesattached to them, and therefore, the quality and accuracy of the translation are crucial

In such cases, a sworn affidavit from the translator may be required to attest to thequality of the translation, and the translator may be called upon as a witness in courtregarding the translation

Similar to the purpose of the TL texts, legal translation can be further classifiedinto the following categories in terms of the subject matter of the SL texts: (1)translating domestic statutes and international treaties; (2) translating private legaldocuments; (3) translating legal scholarly works; and (4) translating case law

1.2.5 Strategies for translation of legal terms

The intricacies of the lexical aspects of legal English make it challenging totranslate legal English texts The lack of translation of legal terms is primarily due to

the mismatch or lack of equivalence between the source language (SL) and targetlanguage (TL) (Newmark, 1995, p.152) To address these challenges in translatinglegal terms between SL and TL, Biel (2008) proposed various strategies, includingfunctional equivalence, formal equivalence, borrowing, and descriptive paraphrasing.

1.2.5.1 Functional equivalence

The strategy of functional equivalence involves using a legal concept in thetarget language that functions similarly to the legal concept in the source language.This strategy is the most accurate way that helps readers to understand the source'slegal system by relating it to their own legal system, allowing them to “access theunfamiliar through the familiar” However, this approach can also be confusingbecause it may give the impression that legal concepts in the source and target legalsystems are identical, even though their equivalence is often only partial Therefore,this strategy should be carefully reassessed before being used for culture-bound termslike institution names or personnel titles Harvey (2002) suggests that functionalequivalence is appropriate for lay readers who value urgency and clarity overscrupulous accuracy, while specialized readers should be provided with moreaccurate translations This translation strategy is highly oriented towards the targetlanguage because it assimilates the source language terms into the target language’slegal system It is often used for cultural words

1.2.5.2 Formal equivalence

The principle behind formal equivalence is to preserve the linguistic and literalequivalence of the original text, which ensures that the meaning of the source termremains unchanged and is presented naturally to the target language users (Harvey,2002) This approach offers several advantages, including providing clear andunambiguous equivalents in the target language lexicon The main objective of formalequivalence is to maintain the accuracy and integrity of the source text, making it anideal choice for legal translations that require precision and specificity However,using this strategy excessively can make the text challenging to understand,particularly for laypeople When creating neologisms, it's necessary to follow certainrequirements, including verifying that the new term does not already exist in the targetlanguage's legal system with a different meaning This precaution helps prevent

confusion for readers Additionally, new terms must meet the linguistic standards ofthe target language and require careful evaluation before they become official terms.

1.2.5.3 Borrowing

According to Harvey (2002), borrowing, also known as transliteration andtransference, involves reproducing or transliterating the original term and is primarilyfocused on the source language It is a commonly used approach for technical andinternational terms that have been adopted by the most advanced languages in theworld This method is often considered safer than creating new terms using locallanguage components in the target language Borrowing is frequently used intranslating terms based on proper names, units, elements, compounds, and symbols

in science and technology In there, the primary benefit of this approach is that itoffers referential clarity, but the use of a gloss or footnote can make it appearcumbersome and lengthy and may make the translator's presence more noticeable.Borrowing should be used occasionally and not excessively because overusing thisapproach can impede communication

1.2.5.4 Description

This strategy is known as paraphrasing, where the meaning of the term isexplained briefly In some cases, concise paraphrases may become term equivalentsconsisting of multiple words This approach is advantageous because it is transparentand easy to remember It can be used in various contexts where a formal equivalent

is considered unclear or inadequate However, longer paraphrases may make atranslated text complex According to M Harvey (2002), this strategy is a

“compromise solution that avoids the extremes of both SL and TL-orientedstrategies”

1.3 Lexical difficulties in legal terms translation

Legal language are universally characterized by a unique and complex legallexicon However, legal language has its own distinctive vocabulary due to the legalsystem which it represents Theoretically, lexical difficulties refers to the absence ofequivalent terminology in the target languages, in this case, demands constantcomparison between the systems of the source language and the target language (El-Farahaty, 2016) Based on the legal term classifications by Cao (2007), Danet (1980),

Haigh (2018), Mellinkoff (1963), Tiersma (1999) and Riley (1995), the researchercategorizes lexical difficulties into the following items:

1.3.1 Technical terms

According to Mellinkoff (1963), a technical term refers to a word thatpossesses a particular meaning within a given context Similarly, Tiersma (1999)defines technical terms as words or phrases that are used exclusively within aparticular profession or trade in a sense that differs from their ordinary meaning yethave a well-defined sense In this respect, Legal English uses a significant amount oftechnical terminology that may not be familiar to the general public, including termssuch as waiver, restraint of trade, restrictive covenant, promissory estoppel,privileged communication, injunction, and more In contrast, legal Vietnamese

employs terms such as phién diéu tran, thoi hiéu, and others Also, there are many

common words with uncommon meanings in specific legal contexts, e.g.,

“attachment, action, consideration, execute, party” The intersection of technical andcommon terms in Vietnam can cause confusion, but translators without a legalbackground can still grasp the terminology issue, except for some infrequently usedterms (Tien, 1999) Those are examples of specialized language that enable personsworking in the legal field to communicate quickly and efficiently (Veretina-Chiriac,2012)

1.3.2 Borrowing terms

Weisflog (1987) states that most languages, perhaps all, have been in contactwith another language or other language during their history Thus, when twolanguages start to coexist due to social, political or geographical reasons, theyinevitably have an influence on each other This contact may result in the borrowing

of vocabulary or in some cases lead to the formation of a completely new language.Many foreign words and phrases used in judicial contexts, particularly in English,have their roots primarily in Latin and French They either experienced thetransliteration process or the direct borrowing process The words which areborrowed from Latin include “bona fide, negligence, adjacent, frustrating, inferior,legal, quit, and subscribe” The words which are borrowed from French include

“defendant, demurrer, evidence, party, plaintiff, sentence, sue, attorney general,

court-martial, etc.” (Stanojevic, 2011, p 71) In Vietnamese legal texts,

Sino-Vietnamese terms like pháp nhân, uy quyên, thời hiệu, hoa lợi, lợi tức, among others

make up 93% of the total fundamental legal terms of the Vietnamese Civil Code 1995(Nguyen, 2018)

1.3.3 Archaic terms

The language used in legal documents is often considered outdated and fashioned In reality, legal texts contain a lot of archaic vocabulary, even indocuments that are intended for the general public However, these archaic words areused less frequently than other terms, so their meanings have become less clear overtime (Stanojevic, 2011, pp 65-72) The most common forms of archaic vocabulary

old-in Legal English are hereby, thereby, aforesaid, whereby (and further derivatives,including —at, -in, -after, -before, -with, -by, -above, -on, -upon), without prejudice

to, prior to, subsequent to, forthwith, etc (William, 2004, p.112), which are mostlyused in written legal texts and in professional correspondence Such words are rarelyused in everyday English, but they are understandable and widely used in legal text

In the same way, Vietnamese legal language is also replete with archaic wordsand phrases as the study of Tien (2002) has shown However, the use of archaic words

in Vietnamese laws is rare in the modern language of legislation because it will loseits universality and accuracy, causing the recipients to make false inferences Forexample, the words and phrases “muru phản”, “toa tang tri tội", “su hậu tho tai” alsoappeared in “Hoang Viet Luat Le” (The Vietnamese Emperor’s Rules andRegulations)

1.3.4 Phrasal verbs

Non-native speakers of English may encounter translation difficulties whenencountering legal phrases, particularly when dealing with phrasal verbs These verbsconsist of a combination of a verb and an adverb or preposition, which may form anidiom with a meaning that differs from the literal meanings of its component parts.Phrases are grammatical units composed of multiple words, which may have adistinct structural pattern, semantic relationship between its parts, terminologicaldistribution, and frequency of occurrence In legal translation, some phrasal verbs areused with a quasi-technical sense, as noted by StanoJevic (2011) For instance, “enter

into contract” (giao kết hợp đồng) and “serve document upon other parties” (tống đạt

tài liệu tới các bên) are examples of such phrasal verbs

1.3.5 Synonyms

Legal translation is a complex process as legal terms often have specificmeanings that are unique to the legal system of a particular language One of thechallenges in legal translation is dealing with legal terms that have multiplesynonyms, which may look similar but have different legal meanings In English, forexample, the term “law” may be synonymous with words such as statute (dao luat),

legislation (văn bản pháp luật), code (bộ luật), regulation (quy định), ordinance (sắc

lệnh), etc Additionally, legal terms may have several synonyms that appear similarbut have different legal meanings (Cao, 2007) For example, in Australian FamilyLaw 1975, “custodian” refers to a parent’s legal right to take care of and control theirchild on a day-to-day basis after divorce or separation, while “guardian” refers to aparent's legal right to make decisions on education, medical care, and welfare for anextended period on behalf of the child In Vietnamese, the term “người giám hộ” maytranslate to both “custodian” and “guardian” in English Meanwhile, the Vietnameseterm “người giám hộ” is used to translate both “custodian” and “guardian” in English

In this connection, Cao (2007, p.73) affirms that most of these words are:

“synonyms are not identical; each has its own connotations When translated intoother languages, the distinctions may be lost Similarly, phrases such as

ee ce a” «€

“transferring property", “assigning property”, ” «€

disposing property”, “dealing withproperty” and “selling property” all have the basic similar meaning of ‘“‘selling”’ buteach word also carries its own meaning due to the development and evolution ofEnglish property law and legal culture and practice”

1.3.6 Legal tautologies

Legal translators may encounter difficulties with tautologies, which aredefined by Rylance (1994) as pairs or triplets of words (binomial words) withidentical meanings connected by “and,” where one word may be unnecessary orredundant (Garner, 1989) Houbert (2005) classified tautologies in terms of theirgrammatical and syntactic dimension Legal terms can be constructed as nouns, verbs,adjectives, or even prepositions Also, they can be in the form of two terms, known

as doublets or legal pairs, or three terms, known as triplets The chart below illustratesthis fact:

Types of tautologies Doublets Triplets

Verbal Agree and covenant Cancel, annul and set aside Nominal Power and authority Right, title and interest Adjectival Separate and distinct General, vague and

indefinite

Prepositional By and between

Table 1: Legal English tautologies (Houbert, 2005, p.71)Additionally, tautologies are not uncommon in Vietnamese legal language, as

demonstrated by examples such as “điều khoản và điều kiện”, “đúng, chính xác va xác thực”, and “có đầy đủ giá trị pháp lý và hiệu lực thi hành” (Nguyen, 2018) In

translating tautologies, the context in which they are used must be carefullyconsidered Eliminating any redundancy in the source expression is not advisable, asthis may result in losing the intended meaning Therefore, translators must strive tofind an appropriate equivalent for each source expression, regardless of its nature

1.3.7 Unfamiliar pronouns

Another lexical feature of legal discourse is the use of pronouns that may beunfamiliar to non-legal readers, such as “the same”, “the said”, “the aforementioned”and so on These pronouns usually implies a comparison to a similar object or person,but in legal use it refers to sameness of reference (Tiersma, 1999) In terms of said,Garner (1995, p 779) refers that “said never lends greater precision than the, this,that, these, or those_ in many contexts, it introduces imprecision” Moreover, legalprofessionals and legislators tend to prefer the use of repeated nouns over pronouns,

as it helps to maintain accuracy, precision, and clear reference within legaldocuments (Haigh, 2018, p.5)

For example, “7e aforementioned contract is hereby terminated’, means thatthe contract that was previously mentioned is now terminated In this situation, thelegislators may substitute repetitive terms with designated words to improve thecoherence and concision of the Vietnamese legal texts (Le Hung Tien, 2002) E.g

“Trong trường hợp vụ án do Viện kiểm sát trả lại dé điều tra bồ sung thi thời hạn này

không được quá hai tháng: nếu Toà án trả lại dé làm việc đó ” (Article 174.2 of the

Criminal Procedure Code 2015)

1.3.8 Reciprocal words and titles

Reciprocal words and titles are commonly used in both two languages to refer

to individuals or parties that have a reciprocal relationship or obligation These wordsand titles are used to express the legal duties and responsibilities that arise from aparticular relationship or agreement as indicated by the use of alternative endingssuch as -er, -or and —ee, as in employer and employee (người sử dụng lao động -người lao động), lessor and lessee (bên cho thuê - bên thuê); and also in some otherpairs such as claimant and defendant (nguyén don - bi don) In general, these endingssuch as -er, -or, -ee derive from Latin (Haigh, 2018)

1.3.9 Legal abbreviation

Legal abbreviation is a common practice in legal English and legal Vietnamesetexts that helps to simplify complex legal terms and phrases According toVietnamese Decree 30/2020/NĐ-CP on clerical works and the point of view of Haigh(2018), the researcher realizes that there are two common abbreviations in legal texts.The first type is an acronym, which is formed by taking the initial letters or parts of aphrase or compound term and is generally referred to as a single word, such as radar,which stands for “radio detection and ranging” Other examples are that “T.M” cansignify “thay mặt” (on behalf of), or “TL.” can indicate “thừa lệnh” (perprocurationem) The second type is called an initialism, which is created by using theinitial letters or parts of a phrase or compound term Unlike acronyms, initialisms aretypically pronounced letter by letter instead of as a single word For instance, USA isthe shortened form of United States of America Or other abbreviations that are used

as grammatical shorthand in Legal English, such as e.g., i.e and ref are usuallywritten in lowercase letters with dots between the letters (Haigh, 2018, p.42)

1.3.10 Legal system-bound terms

Legal language, despite being technical terminology, is not a language that isuniversally used worldwide It is specific to a particular national legal system, asnoted by Weisflog (1987) As Sarcevic (1997) points out, each national law with itsdifferent cultures represents a self-contained legal system with its own set of

terminology that is influenced by its culture, society, and jurisdiction Typically, legalsystem-bound words are divided into three types according to Cao (2007):

Firstly, words associated with legal personnel Some legal terms may havemultiple translations in different languages, and it can be difficult to determine whichtranslation is the most appropriate for a particular context An example of thechallenge in legal translation is deciding the appropriate translation of a term like

“prosecutor” in English to “công tố viên” or “kiểm sát viên” in Vietnamese Another

challenge is finding the right translation of a title like “chief of justice” intoVietnamese, which is not officially recognized in the legal system of Vietnam

Secondly, words associated with courts are also different across legal systems.Each nation’s law has its own court hierarchy, which affects the language used inlegal documents For example, in English Common Law jurisdictions, there are twowords for “court”: the general term “court” and the narrower term “tribunal” Incontrast, the court system in Vietnam includes the District People’s Courts, theProvincial People’s Courts, the High-level People’s Court, the Supreme People’sCourt, and the Military Courts, but there is no presence of tribunals under Vietnameselaw

Thirdly, words associated with particular areas of law and institutions.Examples of these terms include “anti-trust law”, “tort law”, “estoppel”, and

“agency” Moreover, the Miranda Warning is a warning given to criminal suspects inpolice custody before any questioning is allowed However, since the Miranda v.Arizona case does not exist in the Vietnamese legal system, a direct translation of the

term into Vietnamese such as “Khuyến cáo Miranda” or “Cảnh báo Miranda” may

confuse readers, thus the possible translation based on its historical background and

scope of the concept is “Khuyén cdo vé quyén im lang”.

1.4 Review of some previous researches related to difficulties intranslating legal terms

One of previous researches related to this topic is “Investigating the translation

of legal terminologies between English and Vietnamese in Public Security Text” byNhung (2018) This research is to find out the potential difficulties in translation ofterminologies and to draw out appropriate strategies and procedures in the translation

of legal terms into Vietnamese This difficulties is caused by two reasons: (i) nonequivalent problems; (ii) imcompetence of translator in language and backgroundknowledge Through the examination of the translation of the terms, transpositions,translation by omission and paraphrase are seen to be increasingly common strategies

to most types of terms, one-word or above-word level in public security texts underobservation

Another investigation into this matter is “English for Legal Purposes (ESP):Issues in translating English-Vietnamese legal terminology” by Nguyen (2018) Thestudy presented an in-depth analysis of relevant major sources of difficulty that anESP teacher may be faced with due to numerous problems concerning language,culture, and most importantly legal system and law Based on these findings, theresearchers proposed a solution to aid Legal English teachers to convey a legal text in

an interlingual legal setting based on Deborah Cao’s three-dimension model(Linguistic-Conceptual-Referential) and provided that translation principles andstrategies should be applied like literal translation, functional equivalence, borrowing,descriptive equivalence and coining a new term

According to a recent study by Nouf Alshaikh (2022), which was conducted inSaudi Arabia, the challenges encountered by Saudi translation students whentranslating legal contracts were examined The study employed a 21-itemquestionnaire to gather information from students at two Saudi universities, namelyKing Saud University and Imam Mohammad Ibn Saud Islamic University Thefindings revealed that the major challenges faced by Saudi translation students weretranslating binominal expressions, the structure of legal sentences, multiple negativesand parallel structure, and the layout of legal text The study identified various otherchallenges faced by Saudi translation students, including culture-specific legal terms,tenses, French and Latin words, punctuation and capitalization, modal verbs,equivalents, legal concepts, and legal abbreviations To overcome these challenges,the students reported using strategies such as parallel texts, computer-assistedtranslation (CAT) tools, and Google translation They also sought the help of legaldictionaries, legal drafters, and colleagues to assist them in translating legal contracts

Subsequently, Ahmed Adel Nouri (2016) conducted research entitled

“Analysis of the Style and Terminology Problems in Translating Legal Texts” whichalso addressed this topic This study investigated the challenges faced byundergraduate students of translation when translating legal texts or related terms Theresearch compared the legal systems in Arab countries and the British legal systemand then evaluated the usage of terminology between these two systems The studyfound that Iraqi undergraduate students faced challenges when translating legal texts

or terms as they were not adequately exposed to such material during their studies.Moreover, some students heavily relied on electronic dictionaries, which occasionallyled to incorrect translations of specialized legal terms However, the study alsorevealed that clear understanding of legal terms led to better translation results

The final research that digs deeply into the theme is “Translation and LegalTerminology: Techniques for Coping with the Untranslatability of Legal Termsbetween Arabic and English” by Rafat Y Alwazna (2019), who recommended thatcultural criteria, linguistic criteria, lexical criteria stand as a basis for choosing theappropriate techniques in both two legal languages Additionally, the researcherproposes translation strategies for legal terms, such as transliteration, coinage, anddescriptive paraphrase, to address the challenge of untranslatability Finally, theauthor emphasizes the critical role of legal experts and specialized translators inensuring the accuracy and effectiveness of legal document translations

Many of the studies on legal translation were descriptive and did not take intoaccount the perspectives of the participants They focused on identifying thechallenges faced by translators and students without delving into the causes of thesedifficulties or exploring how practitioners respond and overcome these challenges

1.5 Summary

In summary, the study covers the definition of legal terminology, thecharacteristics of legal terms, translation definition, legal translation strategies, andlexical difficulties in translating legal terms Previous studies related to lexicaldifficulties in translating legal terms are also analyzed This information sets thefoundation for the subsequent chapters

CHAPTER 2 METHODOLOGYThis chapter provides a detailed description of the method adopted in datacollection and analysis It comprises methods, participants, and a thoroughjustification of two data collection instruments The purpose of this section is toenable the reader to understand how the data was obtained and analysed and toevaluate the validity and reliability of the research findings In this study, themethodology used to investigate lexical difficulties faced by seniors in translatinglegal terms is presented.

2.1 Participants

The current study aims to critically investigate the lexical difficulties thatEnglish-majored seniors encountered when translating legal terms from English intoVietnamese at Hanoi Law University A total of 100 students were selected as thesample for this study The participants in this study are students registered as full-time students regardless of gender from classes 4429 and 4430 in the Foreign LegalLanguages at Hanoi Law University Accordingly, all participants in the eighthsemester were taught legal terms and translation skills through Basic and AdvancedLegal English courses, and Translation and Interpreting courses as mandatorysubjects As the researcher is a student of the Department of Foreign LegalLanguages, it is much more convenient to get data from these two classes Thesegroups of students were selected using convenience sampling since it is assumed thatthey share the same features that they have completed all aforementioned courses andhave had high results in Advanced Legal Translation and Interpreting module 2 bypassing the end-of-term exams

However, in the process of distributing questionnaires, the researcher receivedonly 60 answers, which indicates that the population of the research paper is limited

to 60 fourth-year students In general, participants from Foreign Legal Languagesobtained similar education, with 49 females and 11 males In order to find out thesedifficulties in translating legal terms, the causes of these difficulties, and form suchsolutions, an experienced lecturer coded as Mrs H from the Institute of ComparativeLaw, HLU was selected to participate in this study Having worked in the trainingfield in Legal English, Mrs H possesses considerable experience and deep insights

into students’ competence Furthermore, Mrs H has taught Legal Translation andInterpreting Modules 1| and 2, as well as basic legal English in both grades K4429and K4430 Therefore, her recommendations are highly valuable not only to thestudents but also to other instructors, as she possesses a deep understanding of thechallenges encountered by the students when translating legal terms.

2.2 Data collection

The proposed research questions will be answered using both quantitative andqualitative data, which will be collected through questionnaires and in-depthinterviews The research design selected for this study is a mixed methods approach,which involves the integration and analysis of both quantitative and qualitativemethods to gain a comprehensive understanding of the research problem (Creswell

& Plano Clark, 2011) This approach is more effective than relying solely on onemethod

2.2.1 Data collection instrument

2.2.1.1 Questionnaire

According to Brown (2001, p.6), “questionnaires are any written instrumentsthat present respondents with a series of questions or statements to which they are toreact either by writing out their answers or selecting from among existing answers.”Besides, Dornyei (2003) particularly asserts that developing questionnaires collects ahuge amount of information in a short period of time Thus, by employing large-scalequestionnaires, the researcher was able to effectively examine the issues of the whole

100 K44 students Three research questions could be disclosed via the questionnairesdesigned in the form of a 5-point Likert scale and Multiple-choice items

Specifically, the questionnaire used in the research consisted of four questionsthat aimed to gather information on the frequency of learning and translating legalterms, the difficulty level of legal terminology translation, causes for difficultiesfaced, and approaches to overcoming these difficulties The first question wasmultiple-choice, allowing participants to select from provided options or add theirown responses The second question was a closed-ended query where participantsrated levels of lexical difficulties in translating legal terms The third and fourthquestions asked for causes and approaches to overcoming these difficulties, with the

researcher providing several options for participants to select the best course ofaction Furthermore, a five-point Likert Scale was applied to measure the participantassessment ranking from (1) strongly disagree, (2) disagree, (3) neutral, (4) agree,and (5) strongly agree The questionnaire was administered online, and responseswere collected anonymously.

2.2.1.2 Semi-structured interview

Cannel and Kahn (1968) defined a research interview as “a two-personconversation initiated by the interviewer for the specific purpose of obtainingresearch-relevant information and focused by him on content specified by researchobjectives of systematic description, prediction, or explanation.” The researcherplanned to conduct a semi-structured interview with lecturer H and 6 random students

to gain in-depth insights into their experiences and perceptions regarding the lexicaldifficulties in translating legal terms The interviews were conducted online andaddressed three main research questions The researcher has chosen the semi-structured interview format because it allows for some degree of control over thedirection of the interview while giving the interviewees the freedom to provide broadanswers The interviews aim to provide more detailed responses to the researchquestions

2.2.2 Data collection procedures

Step 1: Piloting

Pilot studies are a crucial aspect of an adequate study design as conducting apilot study assists to fulfil a range of important functions and can provide valuableinsights for us Therefore, the questionnaire was sent to research supervisors and 6students for piloting After removing irrelevant items and modifying unclearquestions, a new version of the questionnaire was drafted and administered to ensurethat it aligned with the study's objectives and produced intended results The wordingand clarity of the questions were thoroughly checked and verified to ensure accuracy

Similar to questionnaires, the interview questions were sent to supervisors tomake sure that all the questions are concise, rational, critical, and effective

Step 2: Contacting participants

The researcher sent messages to class monitors of 02 classes of the LegalEnglish Department (K4430 and K4429) to ask their assistance to deliver thequestionnaire to their classmates After that, the researcher reached out to 100participants who were English-majored seniors from classes K4429 and K4430 atHanoi Law University via social networking sites such as Facebook and Instagram.Invitations to participate in the data collection activities were sent at least one weekbefore they were carried out to ensure that all participants could participate In theletter of invitation, the researcher clearly stated the purposes of the study along with

a summary of the research The data collection activities, including the questionnaireand interviews, were conducted only with the participants’ permission Participants’personal information was kept completely confidential

Step 3: Handing out and collecting the questionnaires

Due to the diverse schedules of class members, it was difficult to assemble theentire class to complete the questionnaire survey directly; therefore, the questionnairewas delivered to K44 English-majored students to complete online via Google Forms.The online questionnaire provided a succinct description of the intent and astraightforward explanation of how to respond to the questions; hence, there was noneed for additional explanation The researcher spent a seven-day period handing outthe questionnaire, allowing participants time to consider and understand the surveybefore giving their best answers When the questionnaire on Google Forms wasfinished, it was closed to ensure that the registered data did not change Aftercollecting the questionnaire responses, the researcher computed the reliabilitycoefficient of the questionnaire by calculating Cronbach’s alpha value for thevariables The obtained value was 0.892, indicating a highly positive reliability

Step 4: Initiating interviews

The researcher contacted 15 students to confirm their consent to participate inthe interviews However, only 06 of them agreed to participate Detailed informationabout the time and method of communication (via the Microsoft Teams application)for interviews was provided beforehand Each interview took about 7 to 10 minutes,and it was conducted in English Participants were interviewed individually; time andplace of the interview were arranged by both the researcher and interviewee via

Zoom The researcher had to listen carefully and take note of important information.

It is important for researchers to record the interview with the participants' consent sothe researcher could listen to it again in case some keys are missed The researcherstarted every interview by briefly informing the student of the purpose of this researchand generally requested the interviewee to be sincere, truthful, and forthcomingthroughout the whole process in order for optimal achievement Ready-madequestions were asked by the researcher to lead the interview on the right track Tocreate an atmosphere as relaxing as possible from the external context, the researcherkept the degree of formality to the least to help the interviewees feel comfortablethroughout the interview In addition, the researcher followed the same process as theinvited lecturer At the end of the interview, sincere gratitude is expressed Allrequirements and questions from the participants are also given answers

2.3 Data analysis procedure

2.3.1 Data analysis from questionnaires

The results of the questionnaire survey were analysed using Google Forms,Microsoft Office Excel and IBM SPSS software version 28.0.0 in this study The datagathered are illustrated by the means of bar charts and tables Three main types ofanalysis used are Google Forms, SPSS Descriptive Statistics (for information such aslexical difficulties in translating legal terms, causes of lexical difficulties or theapproaches implemented) and SPSS Frequency Statistics (for information such asgender ratio, frequency of translating legal terms ) Three main measures would beused in this research including Mean, Range, and Standard Deviation The Mean isthe average value of a set of responses, which can provide an overall measure ofcentral tendency The Range is the difference between the highest and lowest values,providing insight into the spread of responses The Standard Deviation is a measure

of the variability of the responses around the Mean, indicating how much theresponses differ from each other As data from the questionnaires were mainlystatistical, the information would be categorized in accordance with the literaturereview and presented visually in form of bar charts and tables to highlight theimportant points as well as provide a better understanding of the result Accordingly,

in the results put forward from the SPSS Descriptive Statistics, the mean score (M)can be produced using the formula:

Mean (M) = (Maximum — Minimum)/n = (5-1)/5 = 0.8Subsequently, the mean scores would be interpreted as follows (1.0-1.80)strongly disagree, (1.81-2.60) disagree, (2.61-3.40) neutral, (3.41-4.20) agree, and(4.21-5.0) strongly agree

The results were used to support the researcher in interpreting and explainingthe findings below:

- Seniors’ identification of learning and translating legal terms;

- Lexical difficulties in translating legal terms from English into Vietnamese;

- Possible causes of these lexical difficulties in translating legal terms fromEnglish into Vietnamese;

- Suggested approaches applied toward lexical difficulties in translating legalterms from English into Vietnamese

2.3.2 Data analysis from semi-structured interview

Data from semi-structured interviews were utilized to support the researcher

in interpreting and explaining the result obtained from the questionnaire Afterwards,the results of the interviews were manually analysed Data was noted down in a listformat and will be objectively commented on by the researcher on whether theseanswers can help the researcher conduct the study As the information from this form

of data collection was considered qualitative, it was to be presented in the form ofquotations or sayings To maintain the confidentiality of the study participants, theaudio recording files from the students were first randomly labelled from I to 6, andthen professionally transcribed by typing to serve the research objectives

2.4 Summary

This chapter demonstrates a combination of both quantitative and qualitativeresearch methods with two main instruments, questionnaires, and semi-structuredinterviews More significantly, the results from the analysis of both datasets werecompared and interpreted to check whether the results supported or contradicted eachother The quantitative and qualitative results were described in the discussion

CHAPTER 3: RESULTS AND DISCUSSIONThe findings and discussion section is the cornerstone of any research paper,

as it reveals the outcomes of the study and provides a comprehensive examination ofthe findings Thus, the researcher presents the data gathered, conducts an analysis,and delves into the implications of the results for the research questions andobjectives This section will present a thorough analysis and discussion of the results

of the study, and explore their significance for the field, based on the data collectedthrough survey questionnaires and interviews, and presented using bar charts andtables

3.1 Seniors’ identification of learning and translating legal terms

Part I of the questionnaire aims to seek seniors’ identification of learning andtranslating legal terms

How do you learn your knowledge of legal terminology?

as indicated by 52 responses (86.7%) However, the number of students who reportedlearning through self-study via books or online resources was 13 lower than thosewho preferred academic courses, accounting for 65% of the total responses This dataindicates that students not only rely on classroom lectures but also engage inindependent research and self-study to enhance their understanding of legal