Legal Translation: Key Terms and Importance

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Questions and Answers

Which of the following best describes the purpose of legal translation in the context of international law and business?

  • To simplify complex legal concepts for the general public.
  • To promote one legal system's dominance over others through precise linguistic control.
  • To provide a literal word-for-word conversion of legal documents from one language to another.
  • To ensure that legal texts are interpreted consistently across different legal systems and cultural contexts. (correct)

In legal contexts, what distinguishes 'force majeure' from other types of occurrences?

  • 'Force majeure' specifically denotes events beyond reasonable control, often with implication of being acts of nature or similar unforeseeable disruptions. (correct)
  • 'Force majeure' and 'occurrences' are synonymous and interchangeable in legal documents.
  • 'Force majeure' refers to any unpredictable event, while other occurrences are predictable.
  • 'Force majeure' is a legal term that refers to minor inconveniences, whereas occurrences are major disruptions.

How do 'treaties' differ from 'administrative guidelines' in the hierarchy of legal texts?

  • Treaties operate at the international level, establishing rights and duties between countries, whereas administrative guidelines are specific to institutional levels. (correct)
  • Treaties are only concerned with economic issues, whereas administrative guidelines address social policies.
  • Treaties and administrative guidelines are both created by the same legal bodies and have equal legal standing.
  • Treaties are non-binding agreements between parties, while administrative guidelines have the force of law.

What is the legal implication of a 'waiver' in a contractual agreement?

<p>A waiver represents a voluntary relinquishment of a known right or claim. (C)</p> Signup and view all the answers

In legal terms, how does 'jurisdiction' relate to 'competencia'?

<p>'Jurisdiction' broadly signifies the authority of a court to hear and decide a case, while 'competencia' refers to its specific power over certain matters or parties. (C)</p> Signup and view all the answers

How would legal professionals most accurately define the term 'premises' in a lease agreement?

<p>Refers to the property’s location, including land, buildings, and attached fixtures. (D)</p> Signup and view all the answers

What role do 'recitals' typically play in a legal contract?

<p>They provide background information and context for the agreement. (D)</p> Signup and view all the answers

In the context of contract law, what is the significance of a 'severability' clause?

<p>It allows the valid portions of a contract to remain in effect even if some parts are deemed unenforceable. (B)</p> Signup and view all the answers

How does the concept of 'pro rata portion' function within a financial contract?

<p>It refers to dividing something proportionally based on a specific factor, like ownership or investment. (B)</p> Signup and view all the answers

What is the primary function of a 'Governing Law' clause in a contract?

<p>To determine which jurisdiction's laws will be used to interpret the contract and resolve disputes. (C)</p> Signup and view all the answers

Flashcards

Premises (Definition)

Local or place, referring to a property. Installations refers to facilities. Goods or property refers to real estate or property purchased by companies. Real estate also can refer to real estate.

Globalization & Legal Translation

World trade and financial clusters drive the need for legal translation to ensure clarity and consistency across borders.

Legal Text (International & National)

Statements of rights and duties, treaties, and conventions at the international level. Constitutions, codes, statutes, and regulations at the national level.

Force Majeure / Fuerza Mayor

An event or effect that cannot be reasonably anticipated or controlled, often excusing a party from fulfilling contractual obligations.

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Jurisdiction / Jurisdicción y Competencia

The power and authority of a court to hear and decide a case.

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Waiver / Renuncia-Dispensa

A voluntary relinquishment or surrender of a known right.

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Recitals / Consideraciones Preliminares

Introductory statements in a contract that provide background information.

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Landlord

The lessor of a property

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Term

Period of time.

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Bounced Check

Authorization to pay has been denied.

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Study Notes

  • Local or Lugar refers to a property.
  • Instalaciones refers to facilities.
  • Bienes o Propiedad refers to real estate or property purchased by companies.
  • Inmueble can refer to real estate.
  • It matters because of globalization, world trade, and financial clusters.
  • It matters due to politics such as the UN, NGOs, and military networks.
  • It matters due to people's lives, migration waves, and massive tourism.
  • Legal translation creates text that professionals will interpret in the same way in target legal systems.
  • International level consists of statements of rights and duties, treaties, and conventions.
  • National level entails constitutions, codes, statues, and regulations.
  • Institutional level includes circulars, administrative guidelines, codes of ethics, and delegated rules.
  • Documents used or produced by formal dispute resolution processes consist of judicial opinions, pleadings, witness statements, and affidavits.
  • Binding expressions or intent of agreement include contracts, wills, and corporate articles of association.
  • Administrative forms encompasses tax filings, licensing permits, and citizenship applications.
  • Force Majeur = Fuerza Mayor
  • Act of God = Acto de Dios
  • Vis Major = Vis Divina
  • Occurrence = Acaecimiento
  • Failure = Imposibilidad
  • Beyond the reasonable control = Que excedan el control razonable
  • Performance = Capacidad de Cumplimiento
  • Governing Law = Legislación Aplicable
  • Governed by = Se rige por...
  • Shall be construed = Y será interpretado...
  • Jurisdiction = Jurisdicción y Competencia
  • That may be applicable to them = Que pudiera corresponderles
  • Agreement = Contrato
  • Notices = Notificación
  • Severability = Divisibilidad del Contrato
  • Unenforceable = Inaplicable
  • Modulation = Modulation
  • Waiver (renunciation, repudiation, abandonment, surrender) = Renuncia-Dispensa
  • Failure = Omisión
  • Recitals = Consideraciones Preliminares
  • In consideration of the premises ("The former” or “The latter" is never said) = En consideración de las premisas (contraprestación o instalaciones)

Additional Glossary

  • Lease Agreement = Contrato de Arrendamiento
  • Landlord = Arrendador
  • Tenant = Arrendatario
  • Agreement = Acuerdo
  • Parties = Partes involucradas
  • Premises = Inmueble, Local o Lugar, Establecimiento, Instalaciones, Bienes o Propiedad
  • Townhouse/Semi Detached house = Casa Adusada
  • Storage = Almacenamiento
  • Furnishings = Bienes Muebles
  • Term = Periodo (Tiempo)
  • Holdover Tenancy = Prorroga de Contrato
  • Holdover Tenant = Inquilino Remanente
  • Proper Notice = Aviso Adecuado
  • Vacate = Revocar
  • Fees and Costs = Honorarios y Gastos
  • Rent = Alquiler
  • Proration = Prorrateo
  • Pro Rata Portion = Porción Pro Rata
  • Bounced Check = Cheque sin Fondos
  • Lawsuit = Demanda/Litigio
  • Hearsay Evidence = Rumor/Testimonio de oídas
  • Felony = Delito/Delito grave
  • Acquittal = Absolución
  • Indictment = Acusación por Gran Jurado
  • Shareholder = Accionista
  • Closing = Cierre/Clausura
  • Award = Laudo
  • Final = Absoluto
  • Binding = Vinculante
  • Non-Assigning Party = La parte cedida
  • Treaty = Tratado
  • Late Fee = Multa Tardía / Cargo por pago atrasado
  • Security Deposit = Fianza
  • Fixtures = Artículos Fijos

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