Feb 17, 2000 22:48
24 yrs ago
Japanese term

jun (as in jun-sagizai)

Japanese to English Law/Patents
If "sagizai" is fraud, then what is "jun-sagizai"? (The kanji used for "jun" is the one that means "quasi" or "semi.") Is there an equivalent term in English? I found this term in "Keiho no Kaisetsu" (pub. by Hitotsubashi Shuppan, 1996).

Proposed translations

11 hrs
Selected

Statutory Fraud

On further investigation (after having been outed as a lawyer), I think that lanceh's term is better. The Japan Penal Code Section 248 specifically defines "Jun-sagizai" as transferring property or obtaining unlawful profits by taking advantage of the lack of foresight of a minor or the emotional vulnerability of a person (loose translation). "Statutory" fits perfectly here.
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4 KudoZ points awarded for this answer. Comment: "It's tough to find a one-to-one equivalent when dealing with differing systems. You end up either coining your own term or having to be satisfied with a "sort-of but not- quite" match. Thanks to all who responded. "
15 mins

minor fraud

I'm not sure if this is an exact legal expression, but the term "minor fraud" would probably fit the meaning of the kanji quite well.
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40 mins

quasi-fraud

I couldn't find "jun-sagizai" in any of my dictionaries, but the Dictionary of Anglo-American Law (Ei-Bei hoo jiten edited by Tanaka Hideo) lists "quasi-crime" as "jun-hanzai" so it's close, anyway.
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1 hr

constructive fraud

"Exists where conduct, though not actually fraudulent, has all actual consequences and all legal effects of actual fraud." (Black's Law Dictionary)
The prefix jun- is commonly used for "constructive" in this sense.
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7 hrs

constructive fraud

At first I was leaning toward the more literal "quasi-fraudulent [activities, etc.]" but then I saw Dasitkin's comments on "constructive fraud," with which I tend to agree, even for formal legal contexts. My hesitation with "constructive" was partly due to the fact that Dictionary of Anglo-American Law (Ed. Tanaka) gives "gisei" for "constructive" and Kenkyusha E>J gives "suitei sagi" for "constructive fraud," but Kenkyusha's E>J does confirm that "suitei," "gisei," _and "jun"_ are interchangeably used for "constructive" (see entry under "constructive."
P.S. Dasitkin, I see that you are a licensed attorney in California. Thank you very much for sharing your knowledge and experience with us. I'm a U.S. patent agent, so maybe as time goes on I can return the favor. ---GTP
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8 hrs

Statutory Fraud

"Jun" is used in Japanese legal language to refer to something which, while not exactly fitting the definition of the crime, etc. to which the name refers, but which is defined by a specific statute to fulfil the elements. An example would be "Jun-Goukanzai", which refers to statutory rape: sexual relations with a minor under
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