Download pdf - Legal English Workbook

Legal English

Prof. Mario González-Hernández

W o r k s h o p G u i d e

LegalEnglishw o r k s h o p

2013 edition

Chapter 1

Getting Started

This chapter will help our participants determine personal strengths and areas of opportunity. We associate our materials with individual interests and specific skills. A diagnostic evaluation will be carried out in and out of the classroom.

1. Introduction

The Legal English Workshop is a 12-year old professional training program aimed to help Spanish-speaking lawyers to improve their professional skills in the English language.

Over the years, we have experienced a worldwide connection of legal systems across nations and a huge opportunity for legal professionals to participate on a global scale either in the public or the private sectors.

Language and law endure an everlasting marriage. Grammar and semantics are the basis of law itself. And this course has been designed to study and practice the relationship between both phenomena.

a. Practical understanding and usage of English and Spanish Grammar

Despite the fact that this is not a grammar course per se. We do encourage the practical study of the fundamentals of grammar in both languages. This workshop includes practical grammar presentations and exercises which will help participants refresh some relevant linguistic principles. Participants soon realize

Chapter 1

CONTENT

1. Introduction

a. Practical understanding and usage of English and Spanish grammar.

b. Accurate interpretation and application of legal concepts and terms.

c. Insight on comparative law from different traditions.

d. Use of tools and technology.

2. Preliminary Evaluation

Getting Started

2www.le-workshop.com© 2013 Mario González-Hernández

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that, just as legal systems may be compared, grammar systems are also the object of practical comparisons.

b. Accurate interpretation and application of legal concepts and terms

The collection of legal terms used and practiced by participants is very extensive. The Legal English Workshop includes activities for students to use and even form their own glossaries.

This program does not intend to have participants memorize terms for “academic purposes”. We rather expect students to fully get involved the tasks and activities that produce the meaningful learning of legal terms and concepts. Long-time memory is the fruit of everyday practice as well as the use of critical-thinking.

c. Insight on comparative law from different traditions

It is no secret for lawyers that legal systems around the world come from different law traditions. The U.S. legal system inherited the Common Law principles from England whereas the Mexican legal system inherited the Civil Law principles from Rome.

On the other hand, there are plenty of legal institutions that both countries share and that have preserved almost intact. Knowing a little of the history behind legal concepts may be very helpful in the accurate translation of terms.

d. Use of tools and technology

Technology has brought a tremendous revolution in education. We love and use technology in our workshop. The use of Internet is used in and out of the classroom. Participants are encouraged to bring a laptop and/or a tablet to every single session.

There are a three Internet tools that we will use throughout the program:

Google Drive. It is very important to open a Gmail account in case you do not have one already.

Canvas-Instruction. Most of the materials and activities are hosted in the Canvas-Instruction platform. We will send you an invitation to your Gmail account that will give you access to all of the tasks and activities of the program.

Skype. This app is used for live online-instruction. The quality of the audio is just excellent if you have a reliable internet connection. Download Skype.

2. Preliminary Evaluation

In order for you to work on this first activity, you must make sure that you have been granted authorization by your teacher to access the Legal English Workshop in Canvas.

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Chapter 1. Getting Started

www.le-workshop.com© 2013 Mario González-Hernández

http://www.gmail.com/

http://www.gmail.com/

https://canvas.instructure.com/

https://canvas.instructure.com/

http://www.skype.com/intl/en/home

http://www.skype.com/intl/en/home

https://canvas.instructure.com




The evaluation is divided in 4 parts:

1. Legal Terminology, Translation & Listening Activities

2. Structure and Grammar Accuracy (Section I)

3. Grammar Accuracy (Section II)

4. Reading Activity

Please click here to begin your evaluation in Module 1 within Canvas-Instruction.

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Chapter 1. Getting Started






Chapter 2

Concepts, Terms and DefinitionsThe marriage between law and language has no room for divorce. Therefore, a legal professional must become proficient in the use of grammar and semantics in both languages.

1. Introduction

There are some words people use as if they were synonyms. This is the case of the words: concept, term and definition. Let us briefly explain the difference.

a.Concepts

Human beings are intelligent beings. Not only are we the dominant species on this planet because of what we know, but also because of the fact that we know that we are able to know. In other words, we are sapiens sapiens.

We all have the capacity to think in concepts. Concepts are metal representations that allow us to draw appropriate inferences about the type of entities we encounter in our everyday lives.

Concepts are ideas. They exist even before there is a term or a definition for such an idea. Concepts are the mental substance of what we call knowledge.

Legal concepts are different from legal terms and legal definitions. Legal concepts are those ideas, either simple or complex, that we have created to give ourselves a social structure and organization as well as sense of what is permitted and what is forbidden.

Chapter 2

CONTENT

1. Introduction

a. Concepts

b. Terms

c. Definition

2. Exercises

3. Resources

Concepts, Terms and Definitions




b.Terms

Besides being intelligent, we have the inner ability to communicate through symbols and spoken words. The most basic unit of our predominant way of communication is the word itself. Terms are words or compound words that mean something in specific contexts. Terms are names for those concepts we understand. Terms are nouns, verbs, adjectives and so many other concrete and abstract ideas that we have insider our heads.

Legal terms are those specific names that we give to those simple and complex ideas related to law and the system we created around this multifaceted concept.

c.Definitions

Unfortunately, concepts and terms are not enough for us to effectively communicate. We may find two or three terms for one concept and two or three concepts that share the same term. Definitions help us solve this problem. A definition is an attempt to accurately and briefly explain a term or a concept. There are probably almost infinite definitions for a single term or concept. Definitions can be accurate or inaccurate. Language, as a complex system itself, plays a very important role in determining the accuracy or inaccuracy of definitions.

Legal definitions are sentences aimed to accurately explain a term or a concept within a legal context.

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Concepts

Terms

Definitions

Chapter 2. Concept, Terms and Definitions




2. Exercises

Please go to our Canvas-Instruction platform and complete the Spanish-English Translation exercises provided therein. This activity will help you become familiar with over 150 basic legal expressions that we will be using throughout out program.

There will also be a group discussion where all participants will be able to post questions to the class regarding legal terms difficult to translate.

3. Resources

Here is a list of useful resources that you will find within the second Module in Canvas-Instruction:

• A law dictionary

• An English-Spanish Glossary

• A couple of English-English Law Dictionaries

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Chapter 2. Concept, Terms and Definitions








Chapter 3

The Elements of the SentenceIn order to guarantee an accurate interpretation or expression of legal content, we most make sure that we understand how finite ideas are constructed. It is within the sentence where our critical-thinking truly begins.

1. Basic Concepts

It is convenient for us to review the following elements:

a. Words

Words are the basic element that may be expressed in isolation with semantic and pragmatic content. Words can be put together to build larger elements such as phrases, clauses or sentences. Words have sounds (phonetics), meanings (semantics) and even forms (morphology). We will talk about those in class.

There are different types of words. In the English language, there are basically nine categories:

• Noun: any abstract or concrete entity; a person (police officer, Michael), place (coastline, London), thing (necktie, television), idea (happiness), or quality (bravery)

• Pronoun: any substitute for a noun or noun phrase

• Adjective: any qualifier of a noun

• Verb: any action (walk), occurrence (happen), or state of being (be)

Chapter 3

CONTENT

1. Basic Concepts

a. Words

b. Phrases

c. Clauses

d. Sentences

2. Activities

The Elements of the Sentence




• Adverb: any qualifier of an adjective, verb, clause, sentence, or other adverb

• Preposition: any establisher of relation and syntactic context

• Conjunction: any syntactic connector

• Interjection: any emotional greeting (or “exclamation”)

• Auxiliaries: words like do, did, will, shall.

b. Phrases

A phrase is the next level after words. A phrase is a group of words that carry a logical meaning but that it is not complete (as a sentence is). For instance, “A Mexican Civil Code” is a phrase. Those four words make sense but still do not communicate a complete idea. They do not include a predicate.

Each language has patterns on how to combine words in order to form phrases. These patterns are learned as you become familiar with the target language you are learning. For instance, in English you may say: “The Supreme Court of Justice”, but you would not say: “The Justice Supreme of Court”. Therefore, the order of the words do affect the meaning of the whole.

Phrases may be categorized by the role they play within a sentence. Look at the examples below:

Examples:

Noun phrases (subject & object):

• Many people

• The president of the United States of America

• Income tax

• Studying chemistry

Verbal phrases:

• will have governed

• must be listening

• was reading

Adverbial phrases:

• as of March 21, 2012

• at the courthouse

• very expensive

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Chapter 3. The Elements of the Sentence




c. Clauses

In grammar, a clause is the smallest grammatical unit that can express a complete proposition. A typical clause in English contains minimally a subject (the agent or target) and a predicate (which modifies the subject). More complex sentences may contain multiple clauses.

• Main clauses (= matrix clauses, independent clauses) are those that could stand as a sentence by themselves.

• S u b o r d i n a t e c l a u s e s ( = e m b e d d e d clauses, dependent clauses) are those that would be awkward or nonsensical if used alone.

Examples:

1. The lawyer, who prepared the case, will no longer continue with it.

2. The university where Kevin studied law is located in Kentucky.

3. Rita bought her laptop at the place I used to work for.

d. Sentences

Sentences are the way we communicate a finite or complete idea. A sentence may be very shot: “I finished.”; or very long: “The man who attended the conference yesterday told me to buy a ticket at the theatre where my sister bought hers.”

One traditional scheme for classifying English sentences is by the number and types of finite clauses:

• A simple sentence consists of a single independent clause with no dependent clauses.

• A compound sentence consists of multiple independent clauses with no dependent clauses. These clauses are joined together using conjunctions, punctuation, or both.

• A complex sentence consists of at least one independent clause and one dependent clause.

• A complex-compound sentence (or compound-complex sentence) consists of multiple independent clauses, at least one of which has at least one dependent clause.

Sentences may also be classified in active and passive.

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2. Activities

Please go to Module 3 in Canvas-Instruction and work in the following exercises.

Matching

Word Category. Identify and match the words to their correct category.

Phrase Category. Identify and match the phrases to their correct category.

Clause Category. Identify and match the phrases to their correct category.

Sentence Category. Identify and match the sentences to their correct category

Ordering

Look at the elements given and put them in the right order.

Discussions

Have you heard about the following grammar points:

- Inverted word order

- Phrasal verbs

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“Think twice before you speak, because your words and influence will plant the seed of either success or failure in the mind of another.” Napoleon Hill




Chapter 4

Connecting Ideas

Building great sentences may not be enough. Just like cities need roads, ideas need bridges. Legal content is full of these “bridges”. These connectors make a huge difference when understood and applied properly.

1. Connectors

We link words, phrases and sentences through connectors. Connectors may be words or phrases. Some of them are common and simple such as: and, or, but, etc. Others may sound a bit more odd and sophisticated like: moreover, as though, provided that, etc.

a. Connecting Words and Phrases

After discussing about words and phrases in our previous chapter, let us only say that we may connect words and phrases using coordinating conjunctions such as:

• and

• or

• but

We may also use correlative conjunctions such as:

• Either.... or

• Neither... nor

Chapter 4

CONTENT

1. Connectors

a. Connecting Words and Phrases

b. Connectors that form Subordinate Clauses

c. Connecting Sentences

2. Activities

Connecting Ideas




• Both... and

• Whether... or

• Not only... but also

b. Connectors that form Subordinated Clauses

A subordinating conjunction joins a clause to another on which it depends for its full meaning. The chief subordinating conjunctions are after, because, if, that, though, although, until, before, unless.

Examples:

- Robert shall sign the agreement even if Martha does not agree.

- Unless the company reduces prices, the competitors will go on with the trial

Other examples of subordinating conjunctions are:

c. Connecting Sentences

Sentences, as independent clauses, are connected through simple connectors such as for, and, nor, but, or, yet (FANBOYS) However, we shall find linking adverbs and transition words within a legal contexts.

Here are a few examples of these connectors:

Within these 4 categories, we also find the following division:

• Addition • Alternative • Cause-Effect • Comparison • Condition • Contrast • Emphasis • Place

• Time

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after if though although

if only until as for

unless as if now that so as to

as long as once when as though

rather than whenever because since

where before so that whereas

even if than wherever even though

that while by the time in order to

accordingly however nonetheless also

indeed otherwise besides instead

similarly consequently likewise still

conversely meanwhile subsequently finally

moreover then furthermore nevertheless

therefore hence next thus

Chapter 4. Connecting Ideas




2. Activities


Choosing a Connector

- FANBOYS.- Forming subordinate clauses- Connecting independent clauses

Cloze Test - Connectors

Video Activity

- Transcribe the sentences where you hear connectors.

Forum Discussion - Does the use of uncommon connectors improve your possibilities of expression?

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“Whenever you find yourself on the side of the

majority, it is time to pause and reflect.” Mark Twain

Chapter 4. Connecting Ideas






Chapter 5

Tenses & Modals

You may take away any element of the sentence but a verb. Verbs must always be explicit. In this chapter, we shall go over the tenses, forms and other important aspects of what we may call the heart of every sentence.

1. Verb Forms

While Spanish may have more than 50 forms for a single verb, English has only five:

English verbs are either regular or irregular. Sometimes American English and British English disagree on the past form and the past participle form of some verbs.

2. The 12 Tenses Chart

One of the simplest ways to evaluate the level of English of an ESL student is to pay attention to the number of tenses that he or she understands and uses in regular speech. In this course, we want to make sure that you remember and apply the 12 tenses accurately.

Chapter 5

LOREM IPSUM

1. Verbs Forms

2. The 12 Tenses Chart

3. Modals

4. Phrasal Verbs

5. Activities

Tenses & Modals

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Natural 3rd Person Simple Present Simple Past Past Participle Gerund

claim claims claimed claimed claiming

sign signs signed signed signing

break breaks broke broken breaking

fly flies flew flown flying




The following chart will help you remember:

• You may want to practice using different verbs and different subject pronouns.

• The chart above may be used in affirmative, negative, interrogative and negative-interrogative forms.

• It can also illustrate active voice and passive voice.

• Mastering these 12 tenses -both in form and in meaning- will be crucial for achieving an accurate and complete expression.

• The teacher will provide you with very helpful explanations and exercises in case you need to practice this subject.

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Simple Progressive Perfect Perfect Progressive

Present

Past

Future

I write I am writing I have written I have been writing

I wrote I was writing I had written I had been writing

I will write I will be writing I will have written I will have been writing

“Present Progressive may have a future connotation

while Past Perfect is the past of the past.”

Chapter 5. Tenses & Modals




3. Modals

There is a very special category of words and phrases that expand our possibilities of expression. Modals are auxiliaries that add an additional mood, time or intensity to verbs within a sentence.

They are very simple to use. Modals often go between the subject and the verb (which shall keep its natural form). Most modals are not verbs per se and are not conjugated.

Example:

Maria reads a book (conjugated verb).

Maria can read a book (modal + verb in natural form)

Meaning

All you have to worry about is to make sure you know the meaning of modals. Some of them have only one concept and others have two or three.

One-Meaning Modals

• will (future)

• can (ability)

• might (uncertain probability)

• Should (advice)

• Ought to (advice)

• Had better (strong advice)

Multiple-Meaning Modals

Modal Verbs

Some verbal phrases may be function as modals

• have to

• have got to

• need to

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Modal 1st Meaning 2nd Meaning 3rd Meaning

may permission possibility prohibition (negative)

could past of can present unreal of can

would used to present unreal of will

must responsibility assumption

shall legal responsibility

formal suggestion

prohibition (negative)





4. Phrasal Verbs

Unlike Spanish, English has phrasal verbs. These are verbs that, if combined with a preposition and particle plus a preposition, you obtain a new semantic unit. This means that you create a new verb which often bears a complete different meaning from the original verb.

Here are a few examples:

Verb + Preposition

• Susan looks after her son (takes care)

• Walmart cut down prices. (reduced)

• We will stand by you. (support)

• Sorry to let you down. (disappoint)

• Let’s go over the agreement. (revise)

• Sandra put off the meeting. (cancelled)

Verb + Particle and a Preposition

• I can’t put up with that? (tolerate)

• She looks forward to meeting you tomorrow. (expects)

Finally, you must know than some phrasal verbs admit separation between the verb and the preposition while other do not.

Separable: Think over the situation or think it over.

Phrasal Nouns

Sometimes, phrasal verbs may be turned into nouns. For example:

• We are keeping the old equipment on standby, in case of emergency.

• Jimmy can provide technical backup if you need it.

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5. Activities


Quiz Exercises

• Matching verb forms

• Identifying Tenses

• Rewriting a sentence using a different tense and form

• Choosing the best modal

• Choosing the best phrasal verb

• Identifying the main verb within a complex and compound sentence

Cloze Test

• Choosing the best option in grammar, meaning and context.

Forum Discussion

• What are some of the common phrasal verbs used within a legal context?

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Chapter 6

Nouns, Adjectives & AdverbsNouns are second in importance after the verb within a sentence. Adjectives and adverbs deserve our particular attention too. Let us explore some of the key grammar concepts that will help you used them even more accurately.

1. Nouns

We use nouns to call things. There are noun words, phrasal nouns and even noun clauses.

a. Word Nouns

A noun is used to denote a person, an animal, a thing or an idea. They may or may not include an article or a determiner:

• People are crazy. (in general)

• The people are crazy. (a specific group)

• A person is crazy.

• Some people are crazy.

• Every person is crazy. (determiner)

The plural form of nouns in English is quite easy. There are, however, a few words that bear an irregular plural format such as:

• fish (singular), fish (plural)

Chapter 6

CONTENT

1. Nouns

a. Word Nouns

b. Phrasal Nouns

c. Noun Clauses

d. Gerund Nouns

2. Adjectives

a. Simple and Compound

b. Active and Passive Adjectives

3. Adverbs

a. Classification

4. Activities

Nouns, Adjectives & Adverbs




• phenomenon (singular), phenomena (plural)

• child (singular), children (plural)

• wife (singular), wives (plural)

b. Phrasal Nouns

Phrasal nouns are common too. Like word nouns, they may be used as a subject or as an object within a sentence. Phrasal nouns may be short or long.

• Harvard lawyers are good thinkers.

• The former Secretary of State was more demanding.

c. Noun Clauses

A relative clause (as seen in chapter 3) may be used either as the subject or the object of a sentence.

• The purchase agreement undersigned by Ford, Inc in March 2011 was terminated last month. (as subject)

• Martha brought the case she studied when she was at Yale University so we could discuss it in class. (as object)

d. Gerund Nouns

In English, gerunds may be used as the subject or object of a sentence and even to form noun clauses:

• Filing a law suit may ruin our business relationship.

• Not coming to classes affects your grade.

• She loves screaming to people.

Gerunds also admit the use of possessives to form noun clauses:

• Joe’s singing can be irritating.

• I don’t like your telling me my mistakes.

2. Adjectives

We use adjectives to describe nouns (i.e. that is a legal paper). They are normally placed before the noun. If you have more than one adjective, you may want to follow the following order:

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general opinion

specific order

size

shape

age

color

origin (nationality)

material

Chapter 6. Nouns, Adjectives & Adverbs




a. Simple and Compound Adjectives

Simple adjectives are words such as old, little, expensive. Compound adjectives are formed by phrases or clauses.

Examples of compound adjectives are:

• Mr. Robinson is hard to deal with.

• This is a nation to die for.

We also have hyphenated adjectives:

• That seven-year-old kid speaks three languages.

• Low-income families protested in the City Hall.

b. Active and Passive Adjectives

Verbs in past participle form may function as passive adjectives while verbs in gerund form may be used as active adjectives.

Passive Adjectives

• Our deal is broken.

• Incorporated entities usually pay less taxes.

Active Adjectives

• This book is boring. (not bored)

3. Adverbs

Adverbs describe or affect verbs, adjectives and other adverbs. In English, they may be formed by adjectives by adding the ending -ly, although this is not a rule like in the case of adjectives, hard, straight and fast.

Examples:

• Cristina sings beautifully. (It describes the verb)

• That is extremely awesome. (It emphasizes the adjective)

• David reacted pretty wildly. (It describes the adverb)

Sometimes, adverbs are used to indicate an attitude or comment on a whole sentence:

• Frankly, I don’t believe any word you say.

a) Classification

Adverbs may indicate time, place, manner, degree, quantity, frequency, confirmation, interrogation, relation, etc.

See the following chart which include some adverbs and adverb phrases:

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A few examples of Adverbs and Adverb Phrases

4. Activities


• Identify noun categories.

• Cloze test on nouns.

• Cloze test on adjectives.

• Quiz on active and passive adjectives.

• Cloze test on adverbs.

• Essay Question: Is there any relationship between math and language?

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Time Place Manner Degree or Quantity Frequency Confirmation or Denial Interrogative & Relative

tomorrow here loudly too rarely surely how

last year in court quickly very often certainly where

in 2007 at home abruptly pretty seldom indeed when

yesterday there legally a little usually not at all why

soon therein intentionally much always by no means what







Chapter 7

Paraphrasing

Effective communication requires complex intellectual processes. Understanding a message containing legal concepts is not an easy task. Paraphrasing is a skill that every lawyer must exercise intensively. An accurate paraphraser is always a smart individual.

1. Concept

Quoting means repeating or reproducing someone else’s exact words. Lawyers certainly need to constantly quote legal provisions. Paraphrasing is the restatement of the meaning of a text, a passage or a speech using different words.

The term itself is derived via Latin paraphrasis from Greek παράφρασις, meaning "additional manner of expression".

The act of paraphrasing is also called "paraphrasis".

Paraphrasing requires complex intellectual and linguistic abilities. A paraphraser cannot do an accurate job unless he or she fully understands the original message.

You may paraphrase by just substituting some words for others:

• The contract will be signed by Robert on Friday

• The agreement will be subscribed by our CEO before Saturday.

Chapter 7

CONTENT

1. Concept

2. Paraphrasing Legal Ideas

a. False Cognates

3. Comparison of Legal Systems

a. Paraphrasing across legal systems

4. Activities

Paraphrasing




You may paraphrase by creating an entirely new sentence only understood within specific circumstances and contexts:

• The car is not allowed to pass right now.

• The light is red.

2. Paraphrasing Legal Ideas

Oftentimes, legal provisions are ambiguous and lawyers, judges, and scholars try hard to explain them. These attempts are made through paraphrasing.

When you paraphrase, you may either make an idea sound more simple or more complicated.

Examples:

a. False Cognates

False Cognates are a couple of terms, in the same or in a different language, which seem to be similar in meaning but they are not.

In Spanish, the legal term “alimentos” set forth in the Mexican Civil Code does not only refer to food but also to clothing, shelter, education, entertainment and other forms of parenting or spouse support.

In English, the legal term “consideration” does not refer to the specific care that someone shows to one another, but to the concept of legal value in connection with contracts.

When we translate legal terms, we should be extremely careful in the terms we choose. It is easy to make the mistake of taking for granted the legal meaning of certain expressions.

Examples of errors in certain contexts:

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Complicated Simple

the fact that she had died her dead

he was aware of the fact that he knew

that was the situation in which the court there the court

in the majority of instances the grantor will usually the grantor will

Legal Term False Translation Correct Translation

Act Acto Ley

Trust Confianza Fideicomiso

Promoción Promotion Petition Writ

Chapter 7. Paraphrasing




3. Comparison of Legal Systems

We have mentioned in this workbook the inescapable relationship between language and law. During the course, we have also discussed the relationship between language and critical-thinking. Well, now we are going to focus in the relationship between law and engineering.

a. Paraphrasing across legal systems

A legal system is a collective intellectual invention. A system is a set of interactive and interdependent components forming an integrated whole. A human body is a system. The whole planet earth is another system. Computers and cars are too. However, mankind can collectively create intellectual systems: governments, religions, games and laws.

Each legal system has a supreme law. It is supreme because there is nothing above it. A legal system may connect to other legal systems. There are, however, areas and hierarchies. A legal system is a living conceptual entity that constantly imports and exports legal concepts and institution from other legal systems.

In order for us to make sure that we can paraphrase a unit of expression accurately within a legal context, we may want to consider the following method. These steps may occur in fractions of a second.

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Paraphrasing Process

Identification of the Original Context

Perception and Recording of Message

Decoding of Key Terminology

Accurate Interpretation of Message

Identification of Target Context

Recalling and Selection of Accurate Terminology

Organization of Message in a New Sentence

Delivery of the paraphrasis





4. Activities


• Finding accurate equivalents for legal terms in Spanish

• Finding accurate equivalents for legal terms in English.

• Accurate paraphrasing of sentences (Spanish-Spanish).

• Accurate paraphrasing of sentences (English-English).

• Accurate paraphrasing of a larger legal text in English .

• Essay Question. Should laws be written in a plain and simple terminology?

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Chapter 8

Summing up and Developing Ideas

A legal concept may be reduced to its minimum expression through a legal term. On the contrary, a legal concept could be also thoroughly developed in a book.

1. Summing up

In the second chapter of this workshop, we talked about concepts, terms and definitions.

In class, we mention that if you open a dictionary you shall find terms and definitions about concepts. Some definitions are long and others are short. Concepts can be reduced to a single sentence and even to a single word.

Summing up is the ability to reduce information without distorting it.

This can take up a lot of neurons since it requires us to be able to discriminate between:

• what is essential;

• what is important;

• what is complementary;

• what is ornamental; and

• what is excessive.

Chapter 8

CONTENT

1. Summing up

a. How grammar helps

b. How an Outlines helps

2. Developing

3. Activities

Summing up and Developing Ideas




a. How grammar helps

Since we have explored the basics of grammar, we can understand how helpful this can be in order to reduce ideas.

Example:

A shorter version of the above example would be: “He will congratulate them”. Subject and Object Pronouns may be used instead of large phrases and clauses.

Adverbial phrases of time and place are often a first-choice for reductions.

There are some compound constructions often used within legal contexts which also admit reductions:

b. How an Outline helps

When we have tons of information before us, we cannot accurately reduce it unless we make an outline. Books have table of contents and indexes. But many times, we have lots of related documents or long portions of text that need to be organized before it is accurately reduced.

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Original Reduced

The president of the United States of America, who visited Mexico last week, shall deliver a congratulatory

speech at the White House in Washington D.C. to all members of

the well-respected Air Force institution who fought in Iraq.

Obama will congratulate Air Force members in the White House.

Original Reduced

I came to Mexico during a very difficult and disputed electoral time. I came to Mexico in 2006.

I returned to the place where all my family and loved ones live together. I returned home.

Compund Simple

at that point in time then

by means of by

for the purpose of to

in connection with about

subsequent to after

Chapter 8. Summing up and Developing Ideas




Organizing information requires intellectual abilities and a notion of taxonomy (practice and science of classification).

Whether you read a ten-page essay or a very long e-mail, you will not be able to accurately reduce it if you do not make an outline first.

Outlines are very helpful and practical when there is plenty of information. In order for you to create an outline, you must clearly distinguish main ideas from subordinate ideas. You may have multiple levels of subordinate ideas.

Here is an example of an outline:

Thesis: We need a new constitution

1. Introduction

1.1. Every constitution is a reflection of its society

1.2. Is this constitution the best we can do today?

2. Body

2.1. Our society has changed

2.1.1. There are very well-prepared individuals

2.1.2. Society is strongly organized

2.1.3. Knowledge and technology gave us a new world

2.1.4. We have new social values and live under different paradigms

3. Conclusion

3.1. Attaching to the past has never been good.

3.2. Let us create a constitution that make us vibrate as our current constitution did to our Founding Fathers

As you see, the above outline could have been made out of a well-written essay. Unfortunately, many times information is received as dirty laundry to be washed. Oftentimes, a lack of an adequate organization of ideas, and sometimes the laziness or limited intellectual skills on behave of the writer or speaker, makes our job to accurately reduce it an authentic epic endeavor.

In any case, outlines are always helpful.

2. Developing

The opposite of summing up ideas is developing ideas. Here we find common ground for language and math. You may express 7 by writing 2+3+4-2. You may also write a long and complex equation which ultimately represent 7 in value. Your ideas may be contained in the title of your next book but developed throughout the 15 chapters and 467 pages you will write.

A situation you may want to avoid

Some work meetings and improvised lectures are opportunities to hear people speak for several minutes without a clear point in mind. University students and lawyers could be wasting ink or electricity trying to write several pages of confusing, incomplete and unrelated ideas that no one wants to read.

Making an outline of your whole text or speech, at some point of your developing, will always be a good idea.

37www.le-workshop.com


© 2013 Mario González-Hernández



3. Activities


Summing up

• Reducing portions of given sentences.

• Reducing paragraphs.

• Outlining essays

• Outlining speech

• Reducing essays

Developing

• Developing legal terms.

• Developing sentences into paragraphs.

• Developing outlines into essays.

38







Chapter 9

Basics of Legal TranslationThe oldest and most famous legal document ever translated, that we know of, is the Rosetta Stone. It contains an ancient Egyptian decree in three versions: Ancient Egyptian hieroglyphs; Demotic Script and Ancient Greek. It is currently displayed at the British Museum since 1802.

1. Basics of Translation

Translation is both an art and a science. It requires both knowledge and critical thinking. Translation is the act of accurately importing a message from one language to another. Computers and new technologies are new tools to produce better and faster translations. However, human translation is still the most reliable form of translation there is today.

a. Translation Units

Experienced translators break information into translation units in order to do a better job. A translation unit is segment of a text which the translator treats as a single cognitive unit for the purposes of establishing an equivalence. The translation unit may be a single word, a phrase, a clause, one or more sentences, or even a larger unit.

Example of a paragraph broken into seven translation units:

1The earliest written constitution still governing a sovereign nation today 2may be that of San Marino. 3The Leges Statutae Republicae Sancti Marini 4was written in Latin 5and consists of six books. 6The first book, with 62 articles, 7establishes councils, courts, various executive officers and the powers assigned to them.

Chapter 9

CONTENT

1. Basics of Translation

a. Translation Units

b. Fidelity and Transparency

c. Equivalence

d. Back-Translation

2. Legal Translation Strategies

a. Functional Equivalence

b. Formal Equivalence

c. Borrowing

d. Description

3. Activities

Basics of Legal Translation




b. Fidelity and Transparency

Fidelity or faithfulness refers to the extent to which a translation accurately renders the meaning of the source text, without distortion.

Transparency is the extent to which a translation appears to a native speaker of the target language to have originally been written in that language, and conforms to its grammar, syntax and idiom.

A translation that meets the first criterion is said to be "faithful"; a translation that meets the second, "idiomatic". The two qualities are not necessarily mutually exclusive.

A 17th-century French critic coined the phrase "les belles infidèles" to suggest that translations, like women, can be either faithful or beautiful, but not both. Of course, this is not always true .

c. Equivalence

Equivalence is the highest principle in translation. We have formal equivalence and dynamic (functional) equivalence. Formal equivalence corresponds to "metaphrase" or literal translation, while dynamic equivalence refers to "paraphrase" or restatement of meaning.

c. Back-Translation

Back-translation is a translation of a translated text back into the language of the original text, made without reference of the original text.

Comparison of a back-translation with the original text is sometimes used as a check on the accuracy of the original translation, much as the accuracy of a mathematical operation is sometimes checked by reversing the operation.

For learning purposes, back-translation exercises are extremely helpful for students, especially in technical texts such as legal documents.

Mark Twain provided humorously telling evidence for the frequent unreliability of back-translation when he issued his own back-translation of a French translation of his short story, “The Celebrated Jumping Frog of Calaveras County".

2. Legal Translation Strategies

Legal translation is a branch of technical translations. In order to make a reliable legal translation, the translator must have an accurate idea of laws and legal systems. Therefore, it is a good idea to be a lawyer before attempting to make professional translations of legal documents. Needless to say, that proficiency in both languages is required first.

41

Chapter 9. Basics of Legal Translation




a. Functional Equivalence

Functional equivalence allows the readers to relate the source legal system with their own legal system and to “access the unfamiliar through familiar,” but it may confuse the recipient by creating an impression of identity of legal concepts in the source and target legal systems though in most cases their equivalence is only partial.

b. Formal Equivalence

The core of this strategy is linguistic equivalence or literal (“verbum pro verbo”) translation. It allows to preserve the semantic content of the source language term intact and to present it in a form natural for the target language users. The main advantages of this strategy are that the equivalents are unambiguous and presented in the target language usual lexemes. But, if used too often, this strategy may obscure the text, especially to lay readers.

c. Borrowing

The strategy of borrowing uses a transcribed (transliterated, if necessary) or an original form of the source-language term. Transcription is usually done together with naturalization - the linguistic adaptation of the source-language term to the rules of the target language. Linguistically adapted terms become neologisms in the target language. The main advantage of this

translation technique is again unambiguity of the equivalent. However, such equivalents should be accompanied by explanations and that might make the translation awkward.

d. Description

This strategy constitutes paraphrasing - short explanation of the meaning of the term. Concise paraphrases may become term equivalents consisting of several words. The main advantage of this strategy is transparency of the terms - the reader can perceive their meaning at once without consulting any other sources. But longer paraphrases might make a translated text complicated.

42





3. Activities


Translation

• Breaking paragraphs into translation units.

• English-Spanish translation of legal sentences.

• Spanish-English translation of legal sentences.

• Back-Translation Spanish-English exercise.

• Back-Translation English-Spanish exercise

Forum Discussion

What software, websites and technologies seem practical or useful for legal translators?

43







Chapter 10

Common Documents & FormsLorem ipsum dolor sit amet, ligula suspendisse nulla pretium, rhoncus tempor placerat fermentum, enim integer ad vestibulum volutpat. Nisl rhoncus turpis est, vel elit, congue wisi enim nunc ultricies sit, magna tincidunt. Maecenas aliquam maecenas ligula nostra.

1. Certificates

Most legal translations are related to certificates needed by individuals to complete immigration or school filings.

In this chapter, we are going to translate the most common documents of this kind.

a. Birth Certificate

A birth certificate is a vital record that documents the birth of a child. The term "birth certificate" can refer to either the or ig ina l document cer t i fy ing the circumstances of the birth or to a certified copy of or representation of the ensuing registration of that birth. Depending on the jurisdiction, a record of birth might or might not contain verification of the event by such as a midwife or doctor.

Chapter 10

CONTENT

1. Certificates

a. Birth

b. Marriage

c. Death

d. Apostille

2. School Transcripts

3. Business Letters

4. Activities

Common Documents & Forms




b. Marriage Certificate

In the United States, the certificate of marriage is recorded on the same document as the marriage license and application for marriage, thus allowing for all information relating to the marriage to be recorded on one document. While each state creates their own form for use with the recording of marriages, most states have a specific portion of the record to be completed by the official performing the ceremony. In some states, this portion also includes places for the parties to indicate a change in name, if any. If there is not a place for a name change, the name is changed as requested on government documents with proof of marriage.

c. Death Certificate

In the United States, death certificates are considered public domain documents and can therefore be obtained for any individual regardless of the requester's relationship to the deceased. Other jurisdictions take a different view, and restrict the issue of certificates.

In the United States, certificates issued to the general public for deaths after 1990 may in some states be redacted to erase the specific cause of death (in cases where death was from natural causes) to comply with HIV confidentiality rules.

46

Chapter 10. Common Documents & Forms




d. Apostille

It is a certification in accordance to the The Hague Convention Abolishing the Requirement for Legalization for Foreign Public Documents.

Apostilles are affixed by Competent Authorities designated by the government of a state which is party to the convention. For example, in the United States, the Secretary of State of each state and his or her deputies are usually competent authorities.

Mexico is one of the countries that signed the Convention (in 1995) so there is a need to have certain documents certified by Apostille. Quite often people are required to provide support documents when making application for Mexican documents such as Visas. These could include birth certificates, marriage certificates, divorce decrees, among others.

In countries which are not signatories to the 1961 convention and do not recognize the Apostille, a foreign public document must be legalized by a consular officer of the country from which the document is issued. The United States is a member while Canada is not.

47





2. School Transcripts

In United States education, a transcript (Cumulative Record File, CRF, Permanent Record, or simply Record) is a copy of a student's permanent academic record, which usually means all courses taken, all grades received, all honors received and degrees conferred to a student. A transcript may also contain the number of people in a class, and the average grade of the class.

When students are thinking about changing schools, the cumulative transcripts usually get mailed from school to school. Transcripts usually consist of grades 9-12 when applying to colleges.

3. Business Letters

A business letter is a formal communication from an organization to its customers, the general public for their information, another Company or the Authorities. It is often written in a standard format, and in formal language, compared to a private letter between two people who are well known to each other.

4. Activities


Translation

• Translation of a Mexican Birth Certificate.

• Translation of an U.S. Marriage Certificate.

• Translation of a Mexican Death Certificate.

• Translation of an Apostille.

• Translation of a U.S. School Transcript

• Drafting of a business letter offering legal services to a customer.

48







Chapter 11

Mexican Legal ProvisionsWe come from the Civil Law Tradition. Therefore, our written laws are abundant. Unlike other countries, our legislation is mainly in Spanish. Very few specialists have translated laws, and probably not many will. That is why, English speaking lawyers must be able to accurately translate legal provisions on their own.

1. The Mexican Constitution

The Political Constitution of the United Mexican States was redacted by the Constitutional Congress convoked by Venustiano Carranza in September 1916 after the triumph of the Constitutional Army. The new constitution was approved on February 5, 1917, and it was based in the previous one instituted by Benito Juarez in 1857.

This constitution is the first one in the world to set out social rights, serving as a model for the Weimar Constitution of 1919 and the Russian Constitution of 1918. The most important articles: 3, 27, and 123 displayed profound changes in Mexican political philosophy that would help frame the political and social backdrop for the rest of the century. Article 3 forbids the setting up of a list of prohibited books and established the bases for a mandatory and lay education; article 27 led the foundation for land reforms; and article 123 was designed to empower the labor sector. The Constitution was also amended in 1927 to extend the president's term for four years to six years. The constitution was also amended in 1926 to presidential re-elections as long as the presidents didn't serve consecutive terms; this amendment would later be repealed in 1934.

The anticlerical articles were substantially reformed in 1992, removing much of the anticlerical matter by granting all religious groups legal status, conceding them

Chapter 11

CONTENT

1. The Mexican Constitution

a. Federal Laws

2. Other Sources of Law

a. Doctrine

b. Custom

c. General Principles of Law

3. Government Agencies

4. Civil Law Tradition

5. Activities

Mexican Legal System




limited property rights, and lifting restrictions on the number of priests in the country. Article 27 was also greatly amended by ending land redistribution, permitting peasants to rent or sell ejido or communal land, and permitting both foreigners and corporations to buy land in Mexico. Still, however, the constitution still does not accord full religious freedom as recognized by the various human rights declarations and conventions; specifically, outdoor worship is still prohibited and only allowed in exceptional circumstances generally requiring governmental permission, religious organizations are not permitted to own print or electronic media outlets, governmental permission is required to broadcast religious ceremonies, and ministers are prohibited from being political candidates or holding public office.

On November 8, 2005, The Senate of Mexico adopted a final decree amending the Constitution as approved by the majority of the Federated States, modifying articles 14 and 22 banning the use of capital punishment in its entirety.

• English Translation of the Mexican Constitution by Carlos Pérez Vázquez

a. Federal Laws

Any legislative enactments by the Federal Congress published as laws, acts and regulations fall under the category of federal statutes. Article 73 of the Federal Constitution enumerates the ample powers of the Federal Congress, including its exclusive authority to enact federal legislation.

From the viewpoint of their legal importance, federal statutes are divided into two categories: a) Regulatory Acts and b) Ordinary laws. Regulatory laws are those that develop, expand and detail the language of certain provisions of the Federal Constitution -such as those addressing natural resources (oil, hydrocarbons and natural gas, minerals, waters and lakes), marine spaces, fishing, "Amparo" protections, constitutional controversies, etc.- in order to establish the legal bases for their effective implementation. For example, the Regulatory Act of paragraph VI of Article 76 of the Constitution to Resolve Political Questions within a Given State, the Regulatory Act of Article 27 of the Constitution on Oil Matters, etc.

Ordinary laws are the statutes enacted by the Federal Congress that do not derive or emanate from a specific constitutional provision but legislate on a specific subject matter under the exclusive jurisdiction of the Federal Congress, such as the Customs Act; Foreign Trade Act; Roads, Bridges and Auto-transportation Act; Nationality Act; Ports Act, etc.

Excerpt from publication by Jaime A. Vargas

Some of the most important Federal Laws are:

• Federal Civil Code

• Federal Code of Civil Procedure

• Penal Code

• Federal Code of Penal Procedure

• Code of Commerce

• Federal Labor Law


Chapter 11. Mexican Legal System

http://www.apple.com/


http://www.llrx.com/mexicolegalsystem.htm%23SectII-3




2. Other Sources of Law

a. Doctrine

Legal doctrine is formed by the ideas, interpretations, written opinions, and general commentaries advanced by legal scholars through their writings, law courses, or oral presentations relative to any Mexican law issues or questions. The general legal body of these scholarly contributions do not carry the force of law and, as such, are not legally binding.


b. Custom

Rules, principles, or norms formed through a gradual but uniform passage of time are recognized as a custom or habitual practice in a given place and time. Unlike international law, where the formation of customary legal rules and principles are considered to be legally binding to States based on the notion of Opinio juris sive necessitatis, at the domestic level, the rules, principles, or norms created through custom are not legally binding per se.


c. General Principles of Law

Ancient Roman and Medieval law principles tend to be cited by legal specialists as general principles of law. In Mexico, the general principles of law -expressly cited by Article 14 of the

Federal Constitution, have not been expressly enunciated, neither by a statute nor by a code. A Circuit Collegiate Court sentenced, in 1997, that "the general principles of law are not applicable when there is an explicit legal text governing a specific legal situation," and another one asserted that, in labor law matters, said principles "are applicable... only in those cases not contemplated in the law, in the regulations, or when the case cannot be resolved based on custom or use."

3. Government Agencies

Some of the most important agencies, in alphabetical order, are:

• Bancomext, the Trade Commission of Mexico.

• Central Bank of Mexico

• Chamber of Representatives

• CFE, Federal Electricity Commission.

• CFT, Federal Telecommunications Commission.

• IFE, Federal Electoral Institute.

• IMP, Mexican Petroleum Institute.

• IMSS, Social Security Institute.

• IMT, Mexican Institute of Transport.

• INEGI, Institute of Geography & Statistics.

• INSP, National Institute of Public Health.

• NAFIN, Industrial Development Bank.

• National Film Commission

• Office of Indigenous People

• PEMEX, Mexican Oil Agency.

• PGR, Attorney General's Office.









• Presidency .

• SAGAR, Agriculture & Rural Development Ministry.

• SCT, Transportation & Communications Ministry.

• SECODEM, Administrative and Expenditure Development Ministry.

• SEDENA, Defense & Military Ministry.

• SEDESOL, Social Development Ministry.

• SEMARNAP, Environment, Natural Resources & Fisheries Ministry.

• SENER, Secretary of Energy.

• Senate of Mexico

• SEP, Public Education Ministry.

• SEPOMEX, Postal Service of Mexico.

• SG, Interior Ministry.

• SHCP, Finance and Public Credit Ministry (Treasury).

• SRE, Foreign Relations Ministry.

• SSA, Health & Assistance Ministry.

• STPS, Labor Ministry.

• Supreme Court of Justice of the Nation

4. Civil Law Tradition

Mexico's legal system derives from the civil law tradition. This occurred as a result of Mexico's long association with Spain. It is important to be aware of some of the most important concepts of the civil law tradition in order to formulate research strategies in conducting research into Mexican law. The civil law tradition is the oldest and most widely used legal tradition in the world today.64 Its foundations were developed in the Italian universities of the Renaissance when Roman law was rediscovered. Modern-day

civil law is based on Roman Law (Corpus Juris Civilis), canon Law (Roman Catholic Church), medieval common commercial law, secular natural law, secular positive law, and to a lesser degree custom law. The civil law tradition divides the law into two major areas of law: private law and public law. Private law concerns the legal relationships between individuals. Public law concerns the legal relationships between individuals and the state.

The most important contributions of Roman Law, canon law, and medieval commercial law to the civil law tradition are found in the private law area. Roman law influenced "the law of persons, the family, inheritance, property, torts, unjust enrichment, and contracts."65 The influence of canon law is found mainly "in the area of family law and succession (both parts of the Roman Civil Law), criminal law and the law of procedures.

Codes in the civil law tradition have been written through the years on the assumption that using a rational scholarly process, rules and laws can be formulated to apply to most all situations that may arise. As a result, codes tend to be very detailed and vast in size. The Mexican codes, like most Latin American codes, borrowed greatly from the European codes of the late 19th century.

The above is an excerpt from the Introduction to The Mexican Legal System, 2d ed. (2000), by Francisco A. Avalos



http://www.law.arizona.edu/Library/Research/Guides/mexicanlegalsystem.cfm







Critical-Thinking and Legal Terminology

• Mexican Constitution: Key terms translation exercise.

• Cloze test on English versions of Mexican legal provisions.

• Back-Translation exercise of legal provisions.

• Writing Activity: Developing an essay based on a given outline.







Chapter 12

U.S. Legal System

The United States of America has produced a tremendous influence on the application of modern Constitutional and Commercial laws. Even though we are neighbors, our legal systems differ from the very roots. Americans inherited a Common Law legal system from the British. Finding differences and similarities in our legal systems is the bread-and-butter of today’s global practice.

1. The U.S. Constitution

The Constitution of the United States is the supreme law of the United States of America. The first three Articles of the Constitution establish the rules and separate powers of the three branches of the federal government: a legislature, the bicameral Congress; an executive branch led by the President; and a federal judiciary headed by the Supreme Court. The last four Articles frame the principle of federalism. The Tenth Amendment confirms its federal characteristics.

The Constitution was adopted on September 17, 1787, by the Constitutional Convention in Philadelphia, Pennsylvania, and ratified by conventions in eleven states. It went into effect on March 4, 1789.

Unlike some other constitutions, the US Constitution cannot be changed; instead, constitutional amendments are added to it, altering its effect. The first ten amendments, ratified by three-fourths of the states in 1791, are known as the Bill of Rights. The Constitution has been amended seventeen additional times (for a total of twenty-seven amendments). Its principles are applied in courts of law by judicial review.

The Constitution guides American law and political culture. Its writers composed the first constitution of its kind incorporating recent developments in constitutional

Chapter 12

CONTENT

1. The U.S. Constitution

2. Bill of Rights

3. Levels Of Law

a. Federal Laws

b. State Laws

c. Local Law

4. Supreme Court of Justice

5. Substantive Law

a. Criminal Law

b. Contract Law

c. Tort Law

5. Activities

U.S. Legal System




theory with multiple traditions, and their work influenced later writers of national constitutions. It has been amended over time and it is supplemented and interpreted by a large body of United States constitutional law. Recent impulses for reform center on concerns for extending democracy and balancing the federal budget.

Take a look at the U.S. Constitution

2.Bill of Rights

During the debates on the adoption of the Constitution, its opponents repeatedly charged that the Constitution as drafted would open the way to tyranny by the central government. Fresh in their minds was the memory of the British violation of civil rights before and during the Revolution. They demanded a "bill of rights" that would spell out the immunities of individual citizens. Several state conventions in their formal ratification of the Constitution asked for such amendments; others ratified the Constitution with the understanding that the amendments would be offered.

On September 25, 1789, the First Congress of the United States therefore proposed to the state legislatures 12 amendments to the Constitution that met arguments most frequently advanced against it. The first two proposed amendments, which concerned the number of constituents for each Representative and the compensation of Congressmen, were not ratified. Articles 3 to 12,

however, ratified by three-fourths of the state legislatures, constitute the first 10 amendments of the Constitution, known as the Bill of Rights.

Take a look at the Bill of Rights

Additional Amendments to the Constitution

3. Levels of Law

In the United States, the law is derived from various sources. These sources are constitutional law, statutory law, treaties, administrative regulations, and the common law (which includes case law).

a. Federal Laws

Federal law originates with the Constitution, which gives Congress the power to enact statutes for certain limited purposes like regulating interstate commerce. Nearly all statutes have been codified in the United States Code. Many statutes give executive branch agencies the power to create regulations, which are published in the Federal Register and codified into the Code of Federal Regulations. Regulations generally also carry the force of law under the Chevron doctrine. Many lawsuits turn on the meaning of a federal statute or regulation, and judicial interpretations of such meaning carry legal force under the principle of stare decisis.


Chapter 12. U.S. Legal System

http://www.archives.gov/exhibits/charters/constitution_transcript.html

http://www.archives.gov/exhibits/charters/constitution_transcript.html

http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html

http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html

http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html

http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html



b. State Law

The fifty American states are separate sovereigns with their own state constitutions, state governments, and state courts (including state supreme courts).[47] They retain plenary power to make laws covering anything not preempted by the federal Constitution, federal statutes, or international treaties ratified by the federal Senate.

The law of most of the states is based on the common law of England; the notable exception is Louisiana, whose civil law is largely based upon French and Spanish law.

c. Local Law

States have delegated lawmaking powers to thousands of agencies, townships, counties, cities, and special districts. And all the state constitutions, statutes and regulations (as well as all the ordinances and regulations promulgated by local entities) are subject to judicial interpretation like their federal counterparts.

It is common for residents of major U.S. metropolitan areas to live under six or more layers of special districts as well as a town or city, and a county or township (in addition to the federal and state governments). Thus, at any given time, the average American citizen is subject to the rules and regulations of several dozen different agencies at the federal, state, and local levels, depending upon one's current location and behavior.

4. Supreme Court of Justice

The Supreme Court of the United States is the highest court in the United States. It has ultimate (and largely discretionary) appellate jurisdiction over all federal courts and over state court cases involving issues of federal law, and original jurisdiction over a small range of cases. The Court, which meets in the United States Supreme Court Building in Washington, D.C., consists of a chief justice and eight associate justices who are nominated by the President and confirmed by the United States Senate. Once appointed, justices have life tenure unless they resign, retire, or are removed after impeachment.

The way the Constitution is understood is influenced by court decisions, especially those of the Supreme Court. These decisions are referred to as precedents. Judicial review is the power of the Court to examine federal legislation, executive agency rules and state laws, to decide their constitutionality, and to strike them down if found unconstitutional.

5. Substantive Law

Substantive law comprises the actual "substance" of the law; that is, the law that defines legally enforceable rights and duties, and what wrongful acts amount to violations of those rights and duties. Because substantive law by definition is enormous, the





following summary briefly covers only a few highlights of each of the major components of American substantive law.

a.Criminal Law

Criminal law involves the prosecution by the state of wrongful acts which are considered to be so serious that they are a breach of the sovereign's peace (and cannot be deterred or remedied by mere lawsuits between private parties). Generally, crimes can result in incarceration, but torts cannot. The majority of the crimes committed in the United States are prosecuted and punished at the state level. Federal criminal law focuses on areas specifically relevant to the federal government like evading payment of federal income tax, mail theft, or physical attacks on federal officials, as well as interstate crimes like drug trafficking and wire fraud.

b. Contract Law

Contract law covers obligations established by agreement (express or implied) between private parties. Generally, contract law in transactions involving the sale of goods has become highly standardized nationwide as a result of the widespread adoption of the Uniform Commercial Code. However, there is still significant diversity in the interpretation of other kinds of contracts, depending upon the extent to which a given state has codified its common law of contracts or adopted portions of the Restatement (Second) of Contracts.

Parties are permitted to agree to arbitrate disputes arising from their contracts. Under the Federal Arbitration Act (which has been interpreted to cover all contracts arising under federal or state law), arbitration clauses are generally enforceable unless the party resisting arbitration can show unconscionability or fraud or something else which undermines the entire contract.

c. Tort Law

Tort law generally covers any civil action between private parties arising from wrongful acts which amount to a breach of general obligations imposed by law and not by contract.

Tort law covers the entire imaginable spectrum of wrongs which humans can inflict upon each other, and of course, partially overlaps with wrongs also punishable by criminal law. Although the American Law Institute has attempted to standardize tort law through the development of several versions of the Restatement of Torts, many states have chosen to adopt only certain sections of the Restatements and to reject others. Thus, because of its immense size and diversity, American tort law cannot be easily summarized.





5. Activities


Cloze Test

• The Supreme Court at Work.

• A plea must be specific

• Development of the Legal Profession

• The nature and substance of crimes

Translation

• The burden of proof in on the petitioner

• The nature and substance of civil process

Videos

• Interview to U.S. Supreme Court Justice Stephen Brayer

• History of Codes







http://www.le-workshop.com/history-of-codes/

http://www.le-workshop.com/history-of-codes/



Chapter 13

Translation of Contracts English-Spanish

Now it is time for you to practice advanced translation of legal documents. The grammar points, legal terminology and tools will certainly be helpful. In this chapter, we shall focus on the translation of foreign agreements.

1. Basic Agreements

A contract is an agreement entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between or among them. The elements of a contract are offer and acceptance by competent persons having legal capacity who exchange consideration to create mutuality of obligation, and, in some circumstances, do so in writing.

Proof of some or all of these elements may be done in writing, though contracts may be made entirely orally or by conduct. At law, the remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific performance of the contract or an injunction. Both of these remedies award the party at loss the "benefit of the bargain" or expectation damages, which are greater than mere reliance damages, as in promissory estoppel. The parties may be natural persons or juristic persons. A contract is a legally enforceable promise or undertaking that something will or will not occur. The word promise can be used as a legal synonym for contract, although care is required as a promise may not have the full standing of a contract, as when it is an agreement without consideration.

Contract law varies greatly from one jurisdiction to another, including differences in common law compared to civil law, the impact of received law, particularly from

Chapter 13

CONTENT

1. Basic Agreements

2. General Structure of Contracts

a. Preamble

b. Recitals

c. Body

d. Boilerplate

e. Ending and Signatures

3. Basic Legal Principles

a. Agreement

b. Contractual Capacity

c. Consideration

3. Activities

Translation of Contracts (English to Spanish)




England in common law countries, and of law codified in regional legislation.

2. General Structure of Contracts

Most contracts, whether one page or one-hundred pages, follow the same basic format. Contracts typically begin with a preamble, and continue with recitals or an introduction. Shorter contracts may not include the recitals/introduction section. All contracts have a main section, the body of the contract, which addresses the reason why the contract is being entered into and terms of the agreement. After the body, many contracts contain a “boilerplate” section that contains common contract provisions that deal with administrative matters. Finally, contracts conclude with an ending and the signatures of the parties to the contract.

Similarly, all legally enforceable agreements are governed by basic contract law principles.

a. Preamble

A contract’s Preamble usually identifies the agreement through a title, identifies the parties to the agreement, and identifies the date on which the agreement was entered into.

Example:

THIS SALES AGREEMENT made and entered into this [__] day of [month] [year] (the “Effective Date”), by and between, [First Party], a __________ corporation having its

principal office located at [street address], [Country] (“First Party”), and [Second Party], a New York corporation (“Second Party”).

b. Recitals

Recitals provide an introduction to the agreement and why it is being entered into, and identify important terms and possibly third parties. Instead of the traditional recitals, some contracts have an introduction that serves a similar purpose. The recitals/introduction are not considered to be part of the agreement and are therefore typically not enforceable.

Example:

WITNESSETH

WHEREAS, First Party is engaged in the manufacture of products described on Schedule A (the “Products”);

WHEREAS Second Party is engaged in the business of marketing, selling and distributing products within [Country] (the “TERRITORY”); and

WHEREAS First Party desires that Second Party market, sell and distribute the Products in the Territory;

c. Body

The body contains the heart of the agreement – the reason why the contract was entered into. Topics such as the key terms of the agreement, the type and amount of “consideration”, and the parties’ ongoing rights, duties and responsibilities are discussed in the body of the contract.

63

Chapter 13. Translation of English Contract




Example:

NOW THEREFORE in consideration of the mutual covenants herein contained, and other good and valuable consideration, the parties hereto mutually agree as follows:

. 1.1 First Party hereby appoints Second Party as First Party’s exclusive partner in the Territory, and grants Second Party the exclusive right to promote, market, sell and distribute the Products in the Territory under First Party's Brand name(s) and Trademark(s).

. 1.2 Second Party accepts such appointment and agrees to use its commercially reasonable efforts to promote, develop and increase sales of the Products within the Territory.

. 1.3 Second Party shall not actively sell the Products in territories that (i) First Party allocated exclusively to a third party or (ii) First Party reserves for itself or an affiliate.

d. Boilerplate

Boilerplate is ready-made, all-purpose language that is inserted in many kinds of contracts. Despite being commonplace, boilerplate terms play key administrative roles. If something goes wrong and the parties to a contract end up in arbitration or court, a boilerplate term may be at the center of the dispute. These are two examples of boilerplate provisions:, (i) force majeure, and (ii) governing law.

Examples:

. 2.1 Neither party shall be in default hereunder by reason of any failure or delay in the performance of any obligation under this Agreement where such failure or delay arises out of any cause beyond the reasonable control and without the fault or negligence of such party.

. 2.2 The provisions of this Agreement shall be construed and the performance thereof governed in accordance with the laws of the State of New York, USA.

e. Ending and Signatures

A contract concludes with a statement of the parties’ intention to create a legally binding agreement and signature blocks for the parties to the agreement.

IN WITNESS THEREOF, the parties, intending to be legally bound, have executed this Agreement as of the date first above written.

FIRST PARTY

B y :Name

Title

SECOND PARTY

B y :Name

Title

3. Basic Legal Principles

In order to be legally enforceable, a contract must contain certain basic elements. These elements are:

a. Agreement




The parties to the contract must agree to enter into the contract. Legally, the agreement consists of one party’s offer to enter into the contract and the other party’s acceptance of the terms of the offer.

In the sample contract, through language in the Body of the contract and at the Ending of the contract, the parties show that they agree to enter into the contract. Their respective signatures seal the deal.

“the parties hereto mutually agree as follows”

and

“the parties, intending to be legally bound”

b. Contractual Capacity

Both parties must be legally able to enter into a contract. Usually, minors and mentally incompetent individuals lack contractual capacity. Depending on the situation, a contract entered into by someone who lacks contractual capacity may or may not be enforceable.

In the sample contract, both parties are corporations. Assuming the corporations are valid legal entities and the officers who sign on behalf of the corporations are legally competent, contractual capacity should not be an issue.

c. Legality

The subject matter of the contract should not be against the law or against public policy. For example, a contract to commit a crime would not be legally enforceable. Contracts that call for the violation of usury laws would also not be legally enforceable. An example of a contract that would be unenforceable because it is against public policy is a contract that unreasonably restrains trade.

d. Consideration

In the context of contract law, the term “consideration” has a very specific meaning. “Consideration” is the value given in return for a promise. For “consideration” to exist, one party must give something of legal value to a second party in exchange for the second party’s promise, and there must be a bargained-for exchange. The “consideration” must also either be legally detrimental to the party that receives the promise, or legally beneficial to the party that makes the promise.




4. Activities


Translation

• Quiz: Translation of name of common agreements

• Quiz: Short full sample agreement.

• Quiz: Translation of portions of U.S. agreements

Close Test

• Agreement

Glossary

• Create a personal 30-word (as minimum) glossary out of the agreement provided.

66www.le-workshop.com© 2013 Mario González-Hernández www.le-workshop.com© 2013 Mario González-Hernández





Chapter 14

Translation of Contracts (Spanish to English)

Mexican contracts include phrases and clauses which are difficult to translate. In this chapter, we are going to review some common expressions in contracts and we will find ways to achieve accurate translations.

1. Civil Law Agreements

The legal system in Mexico has it's historical foundation in the French system and therefore the Old Roman system, where formality and detail are of importance. The basic rules and regulations governing contracts in Mexico are found in the Civil Codes of the several states of Mexico and the Federal Commercial Code of Mexico. As well, where certain types of activities are the basis for the contracting (examples: patent & trademarks, maritime, agrarian, negotiable credit instruments, etc.) these regulations are to be specifically consulted first, and then the parties are to consult the Civil Codes (Federal or State, depending on the circumstances of the matter).

a. Civil Contracts

State Civil Code identify some of the following civil contracts:

1 . Preparatory Contracts 2 . Purchase/Sale Contracts 3 . Barter/Exchange 4 . Donations 5 . Loan 6 . Lease/Rental 7 . Commodatum

Chapter 14

CONTENT

1. Civil Law Agreements

a. Civil agreements

b. Public Instruments

2. Commercial Law Agreements

a. Commercial Agreements

b. Negotiable Instruments

3. Activity

Translation of Contracts (Spanish To English)




8 . Deposit 9 . Sequestration 10. Agency 11. Rendering of Services 12. Associations 13. Civil Companies 14. Aleatory agreements 15. Bond 16. Chattel Mortgage 17. Mortgage 18. Settlement Agreement

English Version of the Federal Civil Code by Jorge A. Vargas

b. Public Instruments

Public instruments are documents issued by a Mexican Notary Public. A Notary Public, in Mexico, is first a licensed attorney in Mexico, then they apprentice in notary-ship law and practice with another notary public for a period of time, then pass a notary public examination and thereafter are appointed by the Governor of their state to act as a Notary Public in a given geographical location.

Notary Publics are invested with the "public faith" granted by government and can assert this Public Faith in reference to the existence of an event they witnessed, the existence of certain documents, the existence of official acts, the content of a contract, the signature of a party, and as well the due

representation of an agent on behalf of a principal. As one can see, their authority is substantial.

The Notary Publics normally perform their duties either in the issuance of a Public Instrument that will contain that sought by the parties or they will affirm to the signature of a party that signs a document before them.

Some common Public Instruments include real estate operations, incorporation of legal entities, powers of attorney, wills, among other acts.

2. Commercial Law Agreements

Mexican law makes a difference between civil agreements and commercial agreements. Commercial agreements are governed by the Mexican Code of Commerce, which is a federal law. You take a look at this English version of the Mexican Code of Commerce. It might nor be updated; however, for linguistic purposes, it is certainly very helpful.

a. Commercial Agreements

As in civil law, a commercial contract lato sensu, is an agreement of the parties to create, transfer, modify, or extinguish rights and obligations.

A contract is commercial when its purpose involves acts set forth by Article 75 of the Commercial Code, such as the sale of


http://store.westlaw.com/mexican-civil-code-annotated-2012/185549/40392109/productdetail

http://store.westlaw.com/mexican-civil-code-annotated-2012/185549/40392109/productdetail

http://www.archive.org/stream/cu31924024893814/cu31924024893814_djvu.txt






shares of stock, construction contracts, sale of real estate with speculation purposes, credit agreements, and so on. It is important to differentiate commercial from civil contracts because the court exercising jurisdiction over the matter can be determined and commercial contracts between parties not present at the execution thereof are perfected when the acceptance of the offer is delivered. Civil contracts, on the other hand, are perfected when the offeror receives the acceptance of his offer, and mercantile purchase and sale agreements are not affected if they are unconscionable.

Commercial laws govern commercial contracts, even when executed by persons not engaged in commercial activities. The majority of principles for formation and interpretation of commercial contracts are found in the Federal Civil Code, with the exception of those principles expressly set forth by applicable commercial laws.

In general, all persons capable of executing contracts under the civil law also have the capacity to execute commercial contracts. The following, however, cannot be engaged in commercial activities: public brokers, debtors in bankruptcy not rehabilitated and persons convicted of crimes against property, including misrepresentation, embezzlement, subornation and extortion.

In commercial contracts, the parties are free to enter into covenants as they please without special formalities, except for

those contracts that the Commercial Code or another statute requires to be formalized in a public instrument, such as the purchase and sale of real estate. When commercial contracts are executed abroad, the formalities required by the specific country must be met for the contract to have effect in Mexico.

Some commercial agreements and commercial instruments are:

1. Commercial Entities and Corporations 2. Commercial Commission Agreement 3. Commercial Deposit) 4. Commercial Loan 5. Commercial Sales 6. Commercial Exchanges 7. Insurance Contracts 8. Letters of Exchange 9. Promissory Notes 10. Trust 11. Arbitration Agreement

b. Negotiable Instruments

In Mexico, negotiable instruments include credit instruments and securities. According to the General Law of Negotiable instruments and Credit Transactions, negotiable instruments are physical documents that provide evidence of rights that are recorded in them,and include cheques, letters of credit, promissory notes, shares of stock, and certificates of deposit.

Negotiable instruments share the following characteristics:70www.le-workshop.com© 2013 Mario González-Hernández



Enforceability is the most important characteristic of a negotiable instrument, and refers to the fact that the negotiable instrument (a cheque, letter of credit, or promissory note) constitutes a guaranteed debt, enforceable in a court of law. In practice, attachment of property is available to creditors through an expedited judicial proceeding that takes places at the beginning of the suit after the debtor is served with process, and is known as an attachment of property to ensure the satisfaction of a judgment.

Formality means that negotiable instruments must contain certain information and fulfill certain requirements set forth by law in order to achieve the legal effects accorded to negotiable instruments, such as prima facie evidence of the debt. Mexican courts have held that if specific requirements of content are not met, an instrument shall not have the legal effects attributed to a negotiable instrument.

Incorporation means that a right is inherently attached to the physical document that expresses that right; consequently, if a physical document does not exist, there can be no negotiable instrument. The bearer of an instrument is obliged to present the document in order to exercise the right that is recorded on it, and payment must be made against delivery of the actual document.

Literalness refers to the delimitation of the right that is attached to the instrument; i.e. the debtor may not demand anything that is not mentioned in the instrument.

Autonomy means that the right attached to the instrument is independent of the underlying transaction that gave rise to the existence of that instrument.

Legitimation a concept similar to the common law principle of ‘negotiability’, means that the only person who has the legitimate right to redeem an instrument is the holder or owner of the instrument, who may not be the original beneficiary of the instrument but rather a person to whom the instrument has been legitimately transferred.

Types of Negotiable Instruments

The most important negotiable instruments recognized in Mexico are the bill of exchange; the promissory note; the cheque; corporate stock shares; corporate bonds; certificates of patrimonial contribution; investment certificates; housing investment certificates; dividend coupons; mortgage-backed securities relating to boats and sea craft; bills of lading; bank bonds and coupons; passbook savings accounts; and certificates of deposit.




4. Activities


Translation

• Quiz: Translation of portions of agreements

• Translation of a Public Instrument.

• Translation of a Mexican Promissory Note

Close Test

• Description of Commercial Mexican Law

Glossary

• Create a personal 30-word (as minimum) glossary out of the documents provided.






Chapter 15

Phonetics & Pronunciation

For a Spanish-native speaker, English phonetics are difficult to master. Most people who learn English as a second language have difficulties understanding English-native speakers. In this chapter, we will take a look at the basics of phonetics and the pronunciation of some difficult legal terms.

1.Why is Phonetics important?

“Most college students in Mexico agree on the fact that it is important to learn English. Many of them take lessons and become fluent. During the last 15 years, I have taught English to at least 5,000 students. I can tell you that 1 out of 100 of them gets to really master phonetics; 20 out of 100 get good pronunciation; and the other 79 students find it hard to fully understand spoken English, even if they know the meaning of the words that are being spoken.

As a non-native speaker, I struggled very hard to improve my pronunciation, my intonation and my accent. It has taken me years to see some fairly good results, although there is still room for improvement.

In this chapter, I want to share with you some tips that most of my students are not really aware of. Tools and exercises that will help you work on you pronunciation so that you begin a smoother process aimed to transform the way you perceive spoken English as well as the way you deliver your speech.” Prof. Mario González-Hernández.

Watch Mexican Presidents speak English and see how phonetics is hard.

Chapter 15

CONTENT

1. Why is Phonetics important?

2. Basics of English Phonetics

a. Vowel Sounds

b. Consonant Sounds

c. Word Pronunciation

3. Listening to Sounds Vs. Listening to Content

a. Phrasal Pronunciation

4. Pronunciation of Legal Terms

Phonetics & Pronunciation






2. Basics of English Phonetics

Phonetics is a branch of linguistics that comprises the study of the sounds of human speech, or—in the case of sign languages—the equivalent aspects of sign. It is concerned with the physical properties of speech sounds or signs (phones): their physiological production, acoustic properties, auditory perception, and neurophysiological status. Phonology, on the other hand, is concerned with the abstract, grammatical characterization of systems of sounds or signs.

The field of phonetics is a multiple layered subject of linguistics that focuses on speech. In the case of oral languages there are three basic areas of study:

• Articulatory phonetics: the study of the production of speech sounds by the articulatory and vocal tract by the speaker

• Acoustic phonetics: the study of the physical transmission of speech sounds from the speaker to the listener

• Auditory phonetics: the study of the reception and perception of speech sounds by the listener

a. Vowel Sounds

While Spanish has only five vowel sounds, English has eleven plus diphthongs. These are represented in the following chart.

Please click here to practice the actual sounds online.

Watch this video explanation


http://www.uiowa.edu/~acadtech/phonetics/english/frameset.html


http://www.le-workshop.com/english-phonetics/




b. Consonant Sounds

A consonant letter usually represents one consonant sound. Some consonant letters, for example, c, g, s, can represent two different consonant sounds.

Detailed visual representation of consonant sounds.

Please click here to practice the actual sounds online.

c. Word Pronunciation

As soon as you start taking your first English lessons, you realize that, unlike Spanish, words do not sound as you would think they should when you see them in written form.

We know that working on vowels and consonant sounds is 50% of the job. The other 50% is becoming familiar with the actual pronunciation of each word in particular. You may have words that are spelled similarly but that are pronounced quite differently.

Some examples are:

read (present) vs. read (past)

put vs. cut

then vs. thin

union vs. unfair

Intellectual analysis of word pronunciation is a waste of time. The simple and most effective way to learn word pronunciation is by pure imitation.

In order to imitate accurately you need to make sure that you perceive sounds correctly. Many times we distort word sounds by bringing Mexican phonetic sounds to English words. That is the origin of Spanglish.


http://usefulenglish.ru/phonetics/english-consonant-sounds

http://usefulenglish.ru/phonetics/english-consonant-sounds





3. Listening to Sounds vs. Listening to Content

As we go through our English lessons, we tend to pay more attention to content than to phonetics. This is a paradox because the more you pay attention to content the less you will understand due to you flaws on phonetics. You must, therefore, do listening exercises with the sole purpose to improve your phonetics. This is something that many English courses fail to include and the reason why students end up speaking Spanglish.

a. Phrasal Pronunciation

Toddlers are great leaders on this subject. For some strange but natural reason, small children actually do the right thing to acquire excellent pronunciation. No matter what the language is.

In this regard, toddlers learn a language, not only by learning isolated words but also by learning small phrases and small clauses in chunks.

Try to pronounce the following sentence:

We’re trying to get out of here.

Notice how the above words may be linked together as you drop sounds in other to become more fluent. Phrasal pronunciation is the way you pronounce a group of words the way a native speaker would. Phrases may alter the individual sound of words in four ways: linking, dropping, changing or adding.

4. Pronunciation of Legal Terms

Even if you achieve a fairly good pronunciation, some legal terms may seem odd and difficult to pronounce. Take the word subpoena as an example.

The easiest way to make sure that we are pronouncing a term properly is to go to a dictionary website.

Here is one that you may want to use:

Dictionary with a pronunciation button.


http://oald8.oxfordlearnersdictionaries.com/dictionary/law

http://oald8.oxfordlearnersdictionaries.com/dictionary/law



5. Activities


Video

• Practice phonetic sounds.

Recording Practice

• Listen to the video as you read the transcription provided. Then record yourself several times until you achieve the desired pronunciation.

78





Chapter 16

Listening Skills & Note-Taking Strategies

Note-taking has been an important part of human history and scientific development. The Ancient Greeks developed hypomnema which were personal records on important subjects. Philosopher John Locke developed an indexing system which served as a model for commonplace books.

1. Active Listening

The way to become a better listener is to practice "active listening." This is where you make a conscious effort to hear not only the words that another person is saying but, more importantly, try to understand the complete message being sent.

In order to do this you must pay attention to the other person very carefully.

You cannot allow yourself to become distracted by whatever else may be going on around you, or by forming counter arguments that you'll make when the other person stops speaking. Nor can you allow yourself to get bored, and lose focus on what the other person is saying. All of these contribute to a lack of listening and understanding.

There are five key elements of active listening. They all help you ensure that you hear the other person, and that the other person knows you are hearing what they say.

1. Pay Attention

Give the speaker your undivided attention, and acknowledge the message. Recognize that non-verbal communication also "speaks" loudly.

Chapter 16

CONTENT

1. Active Listening

2. Note-Taking Strategies

a. Linear note-taking

b. Non-linear note-taking

3. Activities

Listening Skills & Note-Taking Strategies




• Look at the speaker directly.

• Put aside distracting thoughts.

• Don't mentally prepare a rebuttal!

• Avoid being distracted by environmental factors. For example, side conversations.

• "Listen" to the speaker's body language.

2. Show That You're Listening

Use your own body language and gestures to convey your attention.

• Nod occasionally.

• Smile and use other facial expressions.

• Note your posture and make sure it is open and inviting.

• Encourage the speaker to continue with small verbal comments like yes, and uh huh.

3. Provide Feedback

Our personal filters, assumptions, judgments, and beliefs can distort what we hear. As a listener, your role is to understand what is being said. This may require you to reflect what is being said and ask questions.

• Reflect what has been said by paraphrasing. "What I'm hearing is,"

and "Sounds like you are saying," are great ways to reflect back.

• Ask questions to clarify certain points. "What do you mean when you say." "Is this what you mean?"

• Summarize the speaker's comments periodically.

4. Defer Judgment

Interrupting is a waste of time. It frustrates the speaker and limits full understanding of the message.

• Allow the speaker to finish each point before asking questions.

• Don't interrupt with counter arguments.

5. Respond Appropriately

Active listening is a model for respect and understanding. You are gaining information and perspective. You add nothing by attacking the speaker or otherwise putting him or her down.

• Be candid, open, and honest in your response.

• Assert your opinions respectfully.

• Treat the other person in a way that you think he or she would want to be treated.

2. Note-Taking Strategies

Note-taking is the practice of recording information captured from another source. By taking notes, the writer records the essence of the information, freeing their mind from having to recall everything. Notes are commonly drawn from a transient source,




such as an oral discussion at a meeting, or a lecture (notes of a meeting are usually called minutes), in which case the notes may be the only record of the event.

Cognitive psychology

Note-taking is a central aspect of a complex human behavior related to information management involving a range of underlying mental processes and their interactions with other cognitive functions. The person taking notes must acquire and filter the incoming sources, organise and restructure existing knowledge structures, comprehend and write down their interpretation of the information, and ultimately store and integrate the freshly processed material. The result is a knowledge representation, and a memory storage.

Systems

Many different formats are used to structure information and make it easier to find and to understand, later. The format of the initial record may often be informal and/or unstructured. One common format for such notes is shorthand, which can allow large amounts of information to be put on paper very quickly. Note-taking is an important skill for students, especially at the college level. In some contexts, such as college lectures, the main purpose of taking notes may be to implant the material in the mind; the written notes themselves being of secondary importance. Historically, note-taking was an analog process,

written in notebooks, or other paper methods like Post-It notes. In the digital age, computers, tablet PCs and personal digital assistants (PDAs) are common.

Note-taking is a race against time. The note taker typically is under severe time pressure, and different note-taking styles and techniques try to make the best use of time. The average rate of speech is 2–3 words per second, but the average handwriting speed as only 0.2–0.3 words per second.

Regardless of the medium (paper, computer), note-taking can be broadly divided into linear and nonlinear methods, which can be combined.

a. Linear note-taking

Outlining

Outlines tend to proceed down a page, using headings and bullets to structure information. A common system consists of headings that use Roman numerals, letters of the alphabet, and Arabic numerals at different levels. A typical structure would be:

I. First main topic

A. Subtopic

1. Detail

2. Detail

B. Subtopic

II. Second main topic

A. Subtopic

82

However, this sort of structure has limitations in written form since it is difficult to go back and insert more information. Adaptive systems are used for paper-and-pen insertions, such as using the reverse side of the preceding page in a spiral notebook to make insertions. Or one can simply leave large spaces in between items, to enable more material to be inserted. The above method is effective for most people, but you can be creative in making your own method.

b. Non-linear note-taking

There are many types of non-linear note-taking techniques, including:

Charting

Charting involves creating a graph with symbols, or a table with rows and columns. Graphs and flow-charts are useful for documenting a process or event. Tables are useful for facts and values.

Mapping

Here, ideas are written in a tree structure, with lines connecting them together. Mind maps are commonly drawn from a central point, purpose or goal in the center of the page and then branching outward to identify all the ideas connected to that goal. Colors, small graphics and symbols are often used to help to visualize the information more easily. This note-taking method is

most common among visual learners and is a core practice of many accelerated learning techniques. It is also used for planning and writing essays.

Sentence method

Every new thought is written as a new line. Speed is the most desirable attribute of this method because not much thought about formatting is needed to form the layout and create enough space for more notes. When taking these notes, you can number them or bullet them. This method can allow the reader to tell where a new thought ends and begins. This strategy is short and helpful, especially when a professor or teacher may need to read the notes.

SQ3R

SQ3R is a method of taking notes from written material, though it might be better classed as a method of reading and gaining understanding. Material is skimmed to produce a list of headings, that are then converted into questions. These questions are then considered whilst the text is read to provide motivation for what is being covered. Notes are written under sections headed by the questions as each of the material's sections is read. One then makes a summary from memory, and reviews the notes.




Guided notes

Sometimes lecturers may provide handouts of guided notes, which provide a "map" of the lecture content with key points or ideas missing. Students then fill in missing items as the lecture progresses. Guided notes may assist students in following lectures and identifying the most important ideas from a lecture. This format provides students with a framework, yet requires active listening (as opposed to providing copies of powerpoint slides in their entirety). Research has shown that guided notes improve students' recording of critical points in lecture as well as their quiz scores on related content.

5. Activities


Video (Audio Transcription)

• Transcribe the videos and compare your transcription with the original transcript.






Chapter 17

Basics of Interpreting

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1. Concept

Language interpretation is the facilitating of oral or sign-language communication, either simultaneously or consecutively, between users of different languages. The process is described by both the words interpreting and interpretation. Translation studies deal with the systematic study of the theory, the description and the application of language interpretation and translation.

In professional parlance, interpreting denotes the facilitating of communication from one language form into its equivalent, or approximate equivalent, in another language form; while interpretation denotes the actual product of this work, that is, the message thus rendered into speech, sign language, writing, non-manual signals, or other language form. This important distinction is observed in order to avoid confusion.

An interpreter is a person who converts a thought or expression in a source language into an expression with a comparable meaning in a target language either simultaneously in "real time" or consecutively after one party has finished speaking. The interpreter's function is to convey every semantic element (tone and register) and every intention and feeling of the message that the source-language speaker is directing to target-language recipients.

Chapter 17

CONTENT

1. Concept

2. Comparison to translation

3. Modes

a. Simultaneuos

b. Consecutive

c. Whispered

d. Relay

e. Liaison

4. Activity

Basics of Interpreting




2.Comparison to translation

Despite being used in a non-technical sense as interchangeable, interpretation and translation are not synonymous. Interpreting takes a message from a source language and renders that message into a different target language (ex: English into French). In interpreting, the interpreter will take in a complex concept from one language, choose the most appropriate vocabulary in the target language to faithfully render the message in a linguistically, emotionally, tonally, and culturally equivalent message. Translation is the transference of meaning from text to text (written or recorded), with the translator having time and access to resources (dictionaries, glossaries, etc.) to produce an accurate document or verbal artifact. Lesser known is "transliteration," used within sign language interpreting, takes one form of a language and transfer those same words into another form.

In court interpretation, it is not acceptable to omit anything from the source, no matter how quickly the source speaks, since not only is accuracy a principal canon for interpreters, but mandatory. The alteration of even a single word in a material can totally mislead the triers of fact. The most important factor for this level of accuracy is the use of a team of two or more interpreters during a lengthy process, with one actively interpreting and the second monitoring for greater accuracy.

3.Modes

a. Simultaneous

I n ( e x t e m p o r e ) s i m u l t a n e o u s interpretation (SI), the interpreter renders the message in the target-language as quickly as he or she can formulate it from the source language, while the source-language speaker continuously speaks; an oral-language SI interpreter, sitting in a sound-proof booth, speaks into a microphone, while clearly seeing and hearing the source-language speaker via earphones. The simultaneous interpretation is rendered to the target-language listeners via their earphones. Moreover, SI is the common mode used by sign language interpreters, although the person using the source language, the interpreter and the target language recipient (since either the hearing person or the deaf person may be delivering the message) must necessarily be in close proximity.

b. Consecutive

In consecutive interpreting (CI), the interpreter speaks after the source-language speaker has finished speaking. The speech is divided into segments, and the interpreter sits or stands beside the source-language speaker, listening and taking notes as the




speaker progresses through the message. When the speaker pauses or finishes speaking, the interpreter then renders a portion of the message or the entire message in the target language.

Consecutive interpretation is rendered as "short CI" or "long CI". In short CI, the interpreter relies on memory, each message segment being brief enough to memorize. In long CI, the interpreter takes notes of the message to aid rendering long passages. These informal divisions are established with the clientbefore the interpretation is effected, depending upon the subject, its complexity, and the purpose of the interpretation.

On occasion, document sight translation is required of the interpreter during consecutive interpretation work. Sight translation combines interpretation and translation; the interpreter must render the source-language document to the target-language as if it were written in the target language. Sight translation occurs usually, but not exclusively, in judicial and medical work.

Often, if not previously advised, the source-language speaker is unaware that he or she may speak more than a single sentence before the CI interpretation is rendered and might stop after each sentence to await its target-language rendering. Sometimes, however, depending upon the setting or subject matter, and upon the interpreter's capacity to memorize, the interpreter may ask the speaker to pause after each sentence or after each clause. Sentence-by-sentence interpreting requires less memorization

and therefore lower likelihood for omissions, yet its disadvantage is in the interpreter's not having heard the entire speech or its gist, and the overall message is sometimes harder to render both because of lack of context and because of interrupted delivery (for example, imagine a joke told in bits and pieces, with breaks for translation in between). This method is often used in rendering speeches, depositions, recorded statements, court witness testimony, and medical and job interviews, but it is usually best to complete a whole idea before it is interpreted.

c. Whispered

In whispered interpreting (chuchotage, in French), the interpreter sits or stands next to the small target-language audience whilst whispering a simultaneous interpretation of the matter to hand; this method requires no equipment, but may be done via a m i c r o p h o n e a n d h e a d p h o n e s i f t h e p a r t i c i p a n t s prefer.Chuchotage is used in circumstances where the majority of a group speaks the source language, and a minority (ideally no more than three people) does not speak it.

d. Relay

Relay interpreting is usually used when there are several target languages. A source-language interpreter interprets the text to a language common to every interpreter, who then render the message to their respective target languages. For example, a Japanese source message first is rendered to English to a group




of interpreters, who listen to the English and render the message into Arabic, French, and Russian, the other target languages. In heavily multilingual meetings, there may be more than one "intermediate" language, i.e. a Greek source language could be interpreted into English and then from English to other languages, and, at the same time, it may also be directly interpreted into French, and from French into yet more languages. This solution is most often used in the multilingual meetings of the EU institutions.

e. Liaison

Liaison interpreting involves relaying what is spoken to one, between two, or among many people. This can be done after a short speech, or consecutively, sentence-by-sentence, or as chuchotage (whispering); aside from notes taken at the time, no equipment is used.

4. Activity

Watch the following videos

Legal Interpreting

Practice interpreting with the following videos

Videos

89

http://www.le-workshop.com/legal-interpreting/

http://www.le-workshop.com/legal-interpreting/

http://www.le-workshop.com/practice-interpreting/

http://www.le-workshop.com/practice-interpreting/

Chapter 18

Transcription of Legal Messages“Sometimes it's not enough to know what things mean, sometimes you have to know what things don't mean.”

― Bob Dylan

1. Transcription

A transcription is the conversion of speech (either live or recorded) into a written or electronic text document. Transcription services are often provided for business, legal, or medical purposes. The most common type of transcription is from a spoken-language source into text such as a computer file suitable for printing as a document such as a report. Common examples are the proceedings of a court hearing such as a criminal trial (by a court reporter) or a physician's recorded voice notes (medical transcription).

Before 1970, transcription was a difficult job, as secretaries had to write down the speech as they heard it using advanced skills, like shorthand. With the advanced technology of today, people can have almost anything transcribed very rapidly. The industry standard for transcribing an audio file takes one hour for every 15 minutes of audio.

2. Transcriptions for Learning Purposes

Transcriptions can be a very effective way to improve our proficiency in a second language. As we have discussed in previous chapters, English is considered a difficult language to be understood when it is spoken, particularly for Spanish-speaking students. English phonetics is not as simple as Spanish phonetics.

Chapter 18

CONTENT

1. Transcription

2. Transcriptions for Learning Purposes

3. Activity

Transcription of Legal Messages




Therefore, in this chapter, participants will make use of technology in order to carry out transcription exercises.

Through these exercises, we shall focus on:

• Word-by-word understanding. (phonetics).

• Content understanding. (meaning)

• Spelling and grammar.

• Technical vocabulary

3. Activity


Transcriptions

• TED: Transcription Exercise 1

• TED: Transcription Exercise 2

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http://www.le-workshop.com/transcription-exercise-1/




Chapter 19

Speaking & Speech-Making Skills“A good speech should be like a woman's skirt: long enough to cover the subject and short enough to create interest”

― Winston Churchill

1. Why lawyers should be good public speakers

When we think of lawyers and public speaking, we imagine trials and administrative hearings. But more public speaking by lawyers takes place outside of the courtroom, notes Samuel Pillsbury, a law professor at Los Angeles’ Loyola Law School.

“Lawyers often speak to lay groups about various matters of controversy. They… appear before legislatures, city councils, planning commissions, or give talks to civic groups, business executives, or company employees. Lawyers also may need to give media interviews on behalf of clients.”

The problem is that many lawyers are not good public speakers. Compounding the problem is the common misconception that because you’re a lawyer, you’re automatically a fearless public speaker.

This expectation is one reason why it’s more important for lawyers to have good oratory skills than it is for other professionals. As a lawyer, you’re probably also the kind of person who wants to make a difference in this world – whether to help save the environment or to increase public funding for your local school. One way to make a difference is to speak well. If you’re a trial lawyer, it’s critical that you know how to persuade a judge or jury.

Chapter 19

CONTENT

1. Why lawyers should be good public speakers

2. Parts of Speech

3. Basics of public speaking

4. Common Mistakes

5. Activity

Speech-Making Skills




Public speaking is also a great way to increase your visibility and market your law practice. People perceive you as being the expert on the topic you speak about. Talking for 15 minutes in front of the right audience could do more for your practice than working for six months in your office.

2. Parts of Speech

The Introduction

The introduction needs an attention-getting phrase or word to engage the audience. The attention-getter must then be linked to your topic. Next state the significance of the topic and the purpose of your speech. Inform the audience about the areas of the topic you intend to touch upon and how it will interest them. For instance, if you are talking about environmental issues, you may want to share an interesting case study. This creates common ground with the audience and gives them a reason to listen to you.

The Body

The body covers the main part of the speech. You need to put forth your key points with adequate backing and evidence. The oratory speech structure may follow either an informative format or a persuasive format. The difference between the two formats lies at this stage. In an informative format, the body of the speech essentially talks about the past, present and the future outlook for

the topic under discussion. In a persuasive format, the focus is on the problem, cause and solution for a particular aspect of the topic. In general, the persuasive format is preferred over the informative format for making effective oratorical speeches.

The Conclusion

Present a well-thought-out conclusion to make a lasting impression on the audience. If the conclusion is lame, all the good work done in the body of the speech will be in vain. Summarize the main points of the speech. Offer justification of your viewpoint on the topic and restate the purpose of the speech. Invite the audience to be a part of the solution to tackle environmental issues, if that is your topic. Give the audience an action to pursue. Use an appropriate attention-getter to close the speech. This may be linked to the introduction attention-getter.

3. Basics of public speaking

Prepare your own introduction

Does the emcee have the right information to introduce you? Give the emcee an introduction you’ve prepared, containing at least the following pertinent information:

• what the topic is




• why you're speaking on this topic

• who you are

• why you are the speaker

Know your audience

Just because you can get up and talk for 30 minutes in front of a crowd doesn’t mean that you’re a good public speaker. Good public speaking is about the ability to communicate and connect with your audience.

Phillip Miller, a Nashville-based personal injury lawyer and active trial consultant, laments that the whole idea of audience engagement is missing from many speeches. To establish a rapport, understand who your listeners are.

What is their age? What is their education level and cultural background? What do they read? What are their attitudes?

Are they on your side or against you? You’ll have a motivated audience in the case of a voluntary continuing legal education program, but could face a sceptical one in the context of a trial.

What’s the purpose of your talk? The three main purposes are to persuade, to inform, or to inspire.

Plan your speech accordingly based upon your audience and the purpose of your talk.

Start with a strong lead

Don’t begin with a weak “Thank you for that kind introduction.” Or “It’s a pleasure to be here. I’ll begin with a funny joke I heard last night.” Just smile at the emcee, pause, then launch right into your speech.

Your opening statement has to be compelling to get the audience to listen to you. Grab attention with:

• a thoughtful question

• a relevant anecdote or personal story

• a startling statistic

• an appropriate and interesting quote

• a challenging statement

• a pertinent news headline

For example, “90 per cent of people who sue never have to go trial…” or “Twelve years ago, as I was walking down…” After your opening, move on to: “Today, I’m going to talk about…”

Be organized

Your speech should be organized in a logical sequence, like chapters in a story. Or it could follow a timeline. It should have a clear beginning, middle and an end. Surveys show that what




judges and lawyers value when listening to a presentation is a clearly-stated case using plain and straight-forward language. Close your speech with a bang – a relevant thought-provoking question, a succinct summary, a great quote, a powerful story, or a call for action.

Be bold

Speak loudly, clearly and with confidence. Vary the tone and volume of your voice to keep your speech lively.

Invite questions

Questions are important, as you become more intimately involved with your audience this way, says Teitell. So welcome questions. Teitell invites people to ask questions throughout his speeches – not just at the end.

If no one has a question, get the ball rolling by asking yourself a question: “Many audiences ask my views on the theory of….”

When you get a question, repeat it, as not all people will have heard the question (perhaps reframing it).

If you prefer to take questions at the end of your talk, don’t end with a question-and-answer session. Tell the audience instead that you will take questions after your closing point. After the questions, end with a second very short closing.

4. Common Mistakes

Reading from your notes

The fastest way to bore your audience is to read your notes. The best public speakers don’t rely on any notes at all. If you must, use index cards printed with key words or points. Glance at the key word to prompt your next thought. Then look into the eyes of the audience before expounding on that thought.

Speaking too fast

Most people speak too quickly, especially if they’re nervous. And usually they think they’re speaking more slowly than they actually are.

Monitor your pace. A general pace of 150 to 180 words a minute is considered comfortable for most audiences, says Wells.

Varying the pace and volume creates variety and helps to keep your audience’s attention. So you can speed up to 220 words a minute at times, then slow down when delivering key important points. You also want to pause at the end of any complex sections.

To speak more slowly, find a newspaper phrase, count 160 words, and practice reading it for one minute.

97www.le-workshop.com



Many people also rush too quickly into their speech. To get started, evenly distribute your weight so you’re grounded. Look confident. Pick out someone in the audience to look at. Take a breath, pause – this adds dramatic tension – then start speaking.

Trying to say too much

An audience’s attention span is short. Yet many speakers attempt to cram in too many details in their speeches. You won’t be successful if you try to get across five main points in a five-minute speech – aim for just one major point.

How long should your talk be? That depends on the occasion.

A good length for a speech after lunch or dinner is 15 to 20 minutes, says Conrad Teitell, a Connecticut-based lawyer who founded and teaches the American Bar Association’s course on public speaking for lawyers and appears on PBS television programs.

An educational seminar may range from 40 minutes to two hours. But if the length is two hours, you should break that down into six separate 20-minute talks.

Lack of eye contact

Failing to look at your audience is another common mistake. You want to create a rapport and make a connection with them. Don’t,

however, gaze mechanically left to right, scanning the room like a surveillance camera.

Instead, make eye contact with specific individuals in the audience. Talk to one person directly for one thought, then move on to another person for your next thought.

5. Activity


Intellectual skills

• Develop a written speech out of an outline.

• Make up an outline out of a given speech.

• Practice improvised speaking by devoloping:

• short introductions

• supporting arguments

• conclusions and closing

• Prepare and deliver a legal speech






Chapter 20

Legal Debate

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Chapter 20

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Legal Debate




Legal English Workshop Guide

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© 2013 Mario González-Hernández, Guadalajara, Jalisco, México.

None of the Images is property of the author.

Some of the content has been collected from various Internet-based sources.