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

Chapter 6 concludes the analysis of legal authorities by considering the role that scholarly commentary plays in different legal systems and discussing how those texts are interpreted and used by courts and practitioners. Notably, many of the differences that arise between Spanish- and English-speaking countries can be attributed to the distinctive features of the common and civil law. The text also notes that the persuasive power of legal commentary often depends on the nature of a particular publication and indicates that bilingual lawyers need to be aware of these differences if they are to work effectively across the Spanish-English linguistic divide. The discussion concludes with a number of excerpts from actual scholarly commentary 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

Chapter 10 continues the focus on practical matters by considering the types of issues and documents that arise in a transactional practice. Not only must transactional lawyers acquire different skills than dispute resolution specialists, but bilingual attorneys operating in transactional settings need to consider a number of matters that monolingual lawyers do not. Thus, the discussion addresses issues affecting cross-cultural negotiation, process-related concerns in bilingual transactions, structural issues involving cross-border contracts and key provisions in cross-border deals. The chapter 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 7 seeks to introduce readers to the key legal terms and practices relating to the substantive law. The focus is on various subject matters that are of particular interest to bilingual lawyers: constitutional law; the law of obligations (including the law of contracts, torts and/or delicts); criminal law; immigration law; corporate, company and competition law; and public international law. Notably, the goal of the chapter is not to offer a comprehensive analysis of each of these various subjects but instead to introduce key terms and legal principles so that readers can acquire a linguistic foundation for their own independent research. The discussion identifies a number of similarities in some subject-matter areas, both between English- and Spanish-speaking countries and within each language family. However, other fields are quite distinct and unique to each country.
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S. I. Strong, Katia Fach Gómez and Laura Carballo Piñeiro

Chapter 9 begins a series of three chapters describing a number of practical issues that are relevant to lawyers working across linguistic and jurisdictional lines. The focus in this chapter is on submissions to judicial, arbitral and other tribunals, since Spanish- and English-speaking lawyers need to understand how these documents look and operate in various jurisdictions, even if bilingual lawyers are unlikely to be in charge of drafting such documents in their second language. This chapter therefore provides a basic introduction to various types of written submissions so as to help foreign lawyers understand the use, content and form of the various documents and advise their clients accordingly. 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 8 seeks to introduce readers to the key legal terms and practices relating to the procedural law. The discussion includes various types of procedural issues, including civil procedure, criminal procedure, arbitral procedure (including both international commercial and investment proceedings) and the law of evidence. Although some generalizations about procedure may be made on the basis of a country’s status as either a common law or civil law jurisdiction, procedural matters are highly distinctive, and a number of important differences arise even within each language family.
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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 13 helps readers put their foreign language and comparative legal skills to the test by providing a simulation of a mock legal transaction. Readers, who can work individually or in teams, are taken through a series of fact patterns that reflect the type of developments that arise in an international sale of property. Supporting documents are provided in both Spanish and English so as to heighten the veracity of the exercise.
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S. I. Strong, Katia Fach Gómez and Laura Carballo Piñeiro

Chapter 12 helps readers put their foreign language and comparative legal skills to the test by providing a simulation of a mock arbitral dispute. Readers, who can work individually or in teams, are taken through a series of fact patterns that reflect the type of strategic and legal developments that arise in an international commercial arbitration. Supporting documents are provided in both Spanish and English so as to heighten the veracity of the exercise.
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S. I. Strong, Katia Fach Gómez and Laura Carballo Piñeiro

Chapter 4 begins a series of three chapters describing how various legal authorities are used in Spanish-and English-speaking countries. The discussion begins in this chapter with an analysis of the role that legislation plays in different jurisdictions. The analysis includes matters relating to the types and levels of legislative authority in the countries under discussion as well as the types of legislative activity and the manner in which judges interpret or apply legislation. The chapter also includes a brief analysis of the way in which domestic legislation interacts with international law. The discussion concludes with a number of excerpts from actual legislation 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.