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S. I. Strong, Katia Fach Gómez and Laura Carballo Piñeiro

This chapter contains responses to self-tests found at the ends of Chapters 4, 5, 6, 9, 10 and 11.
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S. I. Strong, Katia Fach Gómez and Laura Carballo Piñeiro

Chapter 3 provides a foundation for understanding the differences and similarities between English- and Spanish-speaking jurisdictions by describing certain basic differences between the common law legal tradition, which is used in most English-speaking countries, and the civil law legal tradition, which is used in most Spanish-speaking countries. This discussion is critical for bilingual lawyers hoping to work across the Spanish-English language barrier, since it explains how and why certain fundamental differences exist in different countries’ procedural and substantive laws. The chapter begins by describing the various meanings associated with certain key legal terms and then moves to a historical overview of the evolution of the common and civil law. The chapter also outlines various practical implications arising out of the differences between the common law and civil law legal traditions. This analysis identifies issues that arise before, during and after trial as well as various differences relating to the way that English- and Spanish-speaking jurisdictions approach professional rules of conduct. While many of these issues are discussed in more detail later in the book, this chapter provides a foundation for understanding those later discussions.
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Comparative Law for Spanish–English Speaking Lawyers

Derecho comparado para abogados anglo- e hispanoparlantes

S. I. Strong, Katia Fach Gómez and Laura Carballo Piñeiro

Comparative Law for Spanish–English Speaking Lawyers provides practitioners and students of law, in a variety of English- and Spanish-speaking countries, with the information and skills needed to successfully undertake competent comparative legal research and communicate with local counsel and clients in a second language. Written with the purpose of helping lawyers develop the practical skills essential for success in today’s increasingly international legal market, this book aims to arm its readers with the tools needed to translate unfamiliar legal terms and contextualize the legal concepts and practices used in foreign legal systems. Comparative Law for Spanish–English Speaking Lawyers / Derecho comparado para abogados anglo- e hispanoparlantes, escrita en inglés y español, persigue potenciar las habilidades lingüísticas y los conocimientos de derecho comparado de sus lectores. Con este propósito, términos y conceptos jurídicos esenciales son explicados al hilo del análisis riguroso y transversal de selectas jurisdicciones hispano- y angloparlantes. El libro pretende con ello que abogados, estudiantes de derecho y traductores puedan trabajar en una segunda lengua con solvencia y consciencia de las diferencias jurídicas y culturales que afectan a las relaciones con abogados y clientes extranjeros. La obra se complementa con ejercicios individuales y en grupo que permiten a los lectores reflexionar sobre estas divergencias.
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S. I. Strong, Katia Fach Gómez and Laura Carballo Piñeiro

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S. I. Strong, Katia Fach Gómez and Laura Carballo Piñeiro

Chapter 5 continues the analysis of legal authorities by discussing the role that judicial decisions play in various jurisdictions as well as structural issues relating to the types of tribunals that are found in different countries. The chapter also describes a variety of procedural matters relating to the trial process, including the right to disclosure or discovery of an opponent’s documents or information and the various means of examining witnesses. The text concludes with an analysis of the use of judicial opinions in various legal systems, including the concept of precedent in English-speaking countries, and a discussion of the interpretive methods used by judges when analysing the law. The chapter includes a number of excerpts from actual judicial and tribunal decisions so as to build readers’ familiarity with authentic legal documents and includes a self-test so that readers can check their understanding of the foreign-language material.
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S. I. Strong, Katia Fach Gómez and Laura Carballo Piñeiro

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S. I. Strong, Katia Fach Gómez and Laura Carballo Piñeiro

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S. I. Strong, Katia Fach Gómez and Laura Carballo Piñeiro

Chapter 11 concludes the section on practical concerns by focusing on issues concerning internal and external correspondence and memoranda. In many ways, these types of routine communications with colleagues, clients and other professional contacts are the most important types of writing for bilingual lawyers to master, since a badly written letter or legal analysis can create difficulties for a client or injure a professional working relationship. This chapter therefore discusses some standard conventions regarding legal writing in English- and Spanish-speaking jurisdictions. The text also includes a number of model documents to help readers appreciate the nuances of documents from different jurisdictions.
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S. I. Strong, Katia Fach Gómez and Laura Carballo Piñeiro

Chapter 1 introduces the book by describing the purpose and structure of the text as well as the motivating rationales behind the various elements. This chapter begins that analysis by considering the importance of language and culture in the practice of law and examining the new reality of globalization and the challenges for lawyers working in two languages in either the domestic or international context. The text notes that because legal language is best acquired in context, each of the chapters in the book is written in both English and Spanish, with the English text targeted toward native Spanish speakers while the Spanish sections is aimed at native English speakers so as to facilitate acquisition of foreign legal language skills. The chapter also describes how the book adopts a comparative approach within language families so as to facilitate readers’ competence within particular languages rather than with single countries. Thus, the English sections throughout the book discuss US and English law, with occasional references to other English-speaking jurisdictions, while the Spanish sections focus primarily on Spain and Mexico, again with references to other Spanish-speaking countries. Because each section is aimed at different audiences, the text will reflect a number of key differences exist between the English and Spanish sections. However, many chapters include identical summaries in both languages so that readers can double-check their understanding. Each chapter also identifies key vocabulary relating to the topics under discussion so as to help readers increase their competence in legal terms of art.
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S. I. Strong, Katia Fach Gómez and Laura Carballo Piñeiro

Chapter 2 discusses how the legal, business and social cultures in Spanish-speaking countries differ from those in English-speaking countries and briefly describes various issues relating to the legal profession, such as how a person becomes a lawyer, how the profession is structured and regulated and how the rules of ethical or professional conduct operate in different English- and Spanish-speaking jurisdictions. The text covers various sociological issues concerning attorney behaviour and professional norms, including the difference between low-context and high-context cultures and monochronist and polychronist cultures, and describes how the failure to understand cultural approaches to language can lead to problems for bilingual lawyers. The chapter concludes with a brief discussion of professional ethics and how such matters can affect lawyers working across language lines.