LEGAL ENGLISH AND ITS TRANSLATION TO SPANISH

Legal English has several general characteristics that set it apart from
everyday English. These characteristics are essential for ensuring
precision, clarity, and consistency in legal documents and
communication. Here are some of the key features of Legal English:

1. Formality: Legal English maintains a high level of formality and avoids

colloquial language. It relies on standardized language patterns, specific
vocabulary, and grammatical structures that differ from casual or
conversational English.

2. Precision and Clarity: Legal English aims to be precise and

unambiguous to avoid any misinterpretation or confusion. It employs a
technical vocabulary that has specific meanings in the legal context, and
it uses clear and concise language to convey legal concepts accurately.

3. Complex Sentence Structure: Legal English often employs complex

sentence structures, including compound and compound-complex
sentences. These structures help convey intricate legal ideas, establish
relationships between clauses, and express legal conditions and
obligations.

4. Use of Defined Terms: Legal English frequently uses defined terms to

establish consistency and avoid repetition. Defined terms are specific
words or phrases that are given a particular meaning within a legal
document and are used consistently throughout the document.

5. Legal Maxims and Latin Phrases: Legal English incorporates various

legal maxims and Latin phrases, which have been traditionally used in
legal systems. These phrases convey specific legal principles and
concepts and are often cited to provide authority or support for legal
arguments.

6. Use of Modal Verbs: Modal verbs such as "shall," "may," "must," and
"should" are commonly used in Legal English to express obligations,
permissions, and conditions. These verbs play a crucial role in defining
legal rights and responsibilities.

7. Abbreviations and Acronyms: Legal English employs numerous

abbreviations and acronyms to enhance brevity and efficiency. Common
examples include "e.g." (exempli gratia), "i.e." (id est), and
abbreviations for legal entities, statutes, and legal terms.

8. Passive Voice: The passive voice is frequently used in Legal English to

emphasize objectivity and to shift focus away from individuals or
entities. It is often utilized in legal documents to describe actions,
obligations, or legal consequences.

9. Standardized Legal Phrases: Legal English relies on a set of

standardized phrases and expressions that have become customary in
legal writing. These phrases, such as "hereby," "in witness whereof," and
"pursuant to," have specific legal meanings and are used to convey legal
relationships and intentions.

10. Use of Technical Jargon: Legal English utilizes technical jargon that is
specific to the legal field. This includes terms related to different areas of
law, legal procedures, court systems, and specific legal concepts. It is
important to use these terms accurately and consistently to ensure
precision in legal documents and communication.

11. Formal Legal Structure: Legal English often follows a structured

format in legal documents, such as contracts, statutes, and court
judgments. This includes headings, subheadings, numbered clauses, and
defined sections. The structure helps organize the content and makes it
easier to navigate and reference specific provisions.

12. Inclusion of Legal Citations: Legal English frequently includes

citations to legal authorities such as case law, statutes, regulations, and
legal treaties. These citations provide references and support for legal
arguments and interpretations. Proper citation formats, such as using
specific legal abbreviations, are essential in legal writing.

13. Avoidance of Ambiguity: Legal English aims to eliminate ambiguity

and vagueness in legal texts. This is crucial to ensure that legal
documents can be interpreted consistently and to avoid disputes or
misunderstandings. Precise wording and careful drafting are necessary
to achieve clarity and reduce the potential for conflicting interpretations.

14. Importance of Precedent: Legal English often refers to legal

precedents, which are previously decided cases that establish principles
or rules of law. Precedents provide guidance and authority in legal
arguments and help in the interpretation and application of the law.
Proper referencing and understanding of precedents are vital in legal
writing.

15. Emphasis on Legal Formalities: Legal English recognizes the

significance of formalities in legal procedures and documents. It includes
specific language and requirements for executing contracts, creating
legal agreements, and fulfilling legal obligations. Adhering to these
formalities is essential for ensuring the validity and enforceability of
legal documents.
16. Cross-border Considerations: In an increasingly globalized world,
Legal English often considers cross-border considerations, particularly in
international contracts and agreements. This includes addressing
jurisdiction, choice of law, and international conventions or treaties that
may impact legal rights and obligations.

17. Timelessness and Durability: Legal English aims to create documents

that can withstand the test of time and remain valid and enforceable for
an extended period. Legal texts are typically drafted with the
expectation that they will endure and be interpreted consistently over
years or even decades.

18. Use of Defined Legal Concepts: Legal English often relies on well-
defined legal concepts and principles. These concepts, such as
"consideration" in contract law or "reasonable doubt" in criminal law,
have specific meanings and requirements within the legal system.
Precise understanding and usage of these concepts are vital for accurate
legal communication.

19. Attention to Details and Specifics: Legal English places great

emphasis on details and specifics. Legal documents need to be
comprehensive and leave little room for interpretation or ambiguity. This
requires careful attention to detail when drafting and reviewing legal
texts.

20. Formal Legal Phrases and Formulas: Legal English employs certain
formal phrases and formulas that are commonly used in legal
documents. These phrases, such as "hereinafter," "whereas" or "in
witness whereof," have established meanings and are used to introduce
clauses, define obligations, or create legal relationships.

21. Usage of Punctuation and Formatting: Legal English utilizes specific

punctuation and formatting conventions. For example, it may use double
spacing, underlining, or italics for specific purposes. Punctuation, such as
commas and semicolons, is used to indicate pauses and create logical
divisions within sentences.

22. Incorporation of Statutory Language: Legal English incorporates

statutory language when referencing laws, regulations, or statutes. This
includes citing the specific section, subsection, and paragraph of the
relevant legal provision to support legal arguments or clarify legal
obligations.

23. Neutral Tone and Impersonal Language: Legal English often adopts a
neutral tone and employs impersonal language. This helps to maintain
objectivity and avoid any personal biases or subjective interpretations.
The focus is on the law and legal principles rather than personal opinions
or emotions.

24. Use of Conjunctions and Connectors: Legal English uses conjunctions

and connectors to establish logical connections between ideas and
clauses. Examples of commonly used connectors include "therefore,"
"notwithstanding," "provided that," and "in the event that."

25. Precision in Legal Definitions: Legal English pays careful attention to

the precise definitions of legal terms. Definitions are often included at
the beginning or in a specific section of legal documents to ensure
consistent interpretation and understanding of key terms throughout the
text.

These characteristics of Legal English contribute to its unique nature and

the importance of precision, clarity, and consistency in legal
communication. They are essential considerations when working with
legal texts and translating them accurately into other languages.

POLYSEMY OF LEGAL ENGLISH

The polysemy of legal English refers to the phenomenon where certain

words or phrases in legal terminology can have multiple meanings or
interpretations within the legal context. Polysemy can arise due to
various factors, including historical development, evolving legal
principles, and the specialized nature of legal language. Here are a few
examples of polysemy in legal English:

1. "Consideration": In contract law, "consideration" refers to something

of value exchanged between parties to a contract. However, in other
legal contexts, such as criminal law, "consideration" may refer to the
careful thought and evaluation of evidence or arguments.

2. "Fraud": In common usage, "fraud" generally refers to intentional

deception or dishonesty. However, in legal contexts, "fraud" has a
specific legal definition that may vary based on jurisdiction. It can
encompass various acts, such as misrepresentation, concealment of
facts, or intentional deceit.

3. "Custody": The term "custody" can have different meanings

depending on the legal context. In family law, it typically refers to the
care, control, and physical possession of a child. However, in criminal
law, "custody" may refer to the detention or confinement of an individual
by law enforcement authorities.
4. "Consider": The word "consider" has a broader meaning in everyday
language, often referring to giving thought or attention to something.
However, in legal language, "consider" can have a more specific
meaning, such as the deliberation and evaluation of evidence,
arguments, or legal principles.

5. "Property": In legal contexts, the term "property" encompasses a wide

range of rights and interests in assets, including real property (land and
buildings) and personal property (tangible and intangible possessions).
The term can also extend to intellectual property, contractual rights, and
other legally protected interests.

Here are a few more examples of polysemy in legal English:

1. "Consideration": In addition to its meaning in contract law,

"consideration" can also refer to the careful thought, analysis, or
examination of a legal issue or argument. It may indicate a judge or
jury's deliberation or a legal professional's evaluation of a case.

2. "Arrest": The term "arrest" can have different meanings depending on

the legal context. In criminal law, it typically refers to the apprehension
and restraint of a person by a law enforcement officer. However, in civil
law, "arrest" may refer to the seizure or attachment of property as part
of a legal process.

3. "Appeal": In legal language, "appeal" can have different

interpretations. It can refer to a formal request to a higher court to
review and overturn a lower court's decision. However, it can also refer
to the act of making a plea or request to a higher authority or tribunal
for reconsideration or relief in various legal matters.

4. "Considered": The term "considered" can have different connotations

in legal language. It can refer to a decision or judgment reached after
careful thought, analysis, or evaluation. It can also indicate that a
specific legal argument or issue has been addressed and examined by a
court or legal authority.

5. "Possession": "Possession" has multiple meanings in legal English. It

can refer to physical control or ownership of property or assets.
However, it can also have a more specific legal interpretation, such as
"constructive possession" (control or access to property without physical
presence) or "joint possession" (multiple individuals having control over
the same property).

6. "Beneficiary": In legal contexts, "beneficiary" can have different

interpretations. In estate planning and trusts, it typically refers to an
individual or entity designated to receive benefits or assets. However, in
insurance law, a "beneficiary" refers to the person who receives
proceeds from an insurance policy.

7. "Due process": "Due process" is a fundamental legal principle that

ensures fairness and protects individuals' rights within legal
proceedings. However, the specific meaning and scope of "due process"
can vary across jurisdictions, legal systems, and contexts, leading to
different interpretations and applications.

8. "Consideration": In addition to its meaning in contract law,

"consideration" can also refer to the payment or compensation given in
exchange for a promise or performance. It can also refer to the mental
process of carefully thinking about or contemplating a legal issue.

9. "Jurisdiction": The term "jurisdiction" has multiple meanings in legal

English. It can refer to the geographic area or territory in which a court
has authority to hear and decide cases. It can also refer to the power or
authority of a court to adjudicate a particular type of case or matter.

10. "Injunction": "Injunction" can have different interpretations in legal

language. It can refer to a court order that prohibits or restrains a party
from engaging in certain actions or activities. However, it can also refer
to a court order that requires a party to take a specific action or remedy
a situation.

11. "Consideration": In addition to its meaning in contract law,

"consideration" can also refer to the value or benefit that a party
receives or expects to receive in a contract. It can include monetary
payment, goods, services, or even the promise to do or refrain from
doing something.

12. "Party": In legal contexts, "party" can have multiple meanings. It can
refer to a person or entity involved in a legal proceeding, such as a
plaintiff, defendant, or witness. However, it can also refer to one of the
contracting parties in a contractual agreement.

13. "Tort": "Tort" is a legal term that encompasses a wide range of civil
wrongs that result in harm or injury to another person or their property.
It includes acts such as negligence, defamation, and trespassing.
However, the specific elements and requirements of a "tort" can vary
based on the jurisdiction and the particular cause of action.

14. "Reasonable": The term "reasonable" is commonly used in legal

language but can have various interpretations depending on the
context. It often refers to a standard of behavior or decision-making that
is considered rational, justifiable, or fair. However, what is considered
"reasonable" can be subjective and dependent on the specific
circumstances of the case.

These examples highlight how words that may have relatively

straightforward meanings in everyday language can acquire specific
legal meanings or shades of meaning within the legal context. This
polysemy can pose challenges for legal professionals and translators,
requiring careful consideration of the appropriate legal interpretation
and usage in specific legal documents or contexts.