Identificación y corrección de imprecisiones comunes en el idioma de los contratos en inglés – parte I. (9 de Marzo, 2021)

Cada una de las siguientes oraciones contiene una serie de palabras / términos que deben cambiarse o «mejorarse» (ya sea porque son incorrectos o porque son imprecisos en el contexto de la frase). Esto puede incluir terminología legal incorrecta, colocaciones incorrectas, preposiciones o una combinación de todos estos. Lo que debe cambiarse ya está identificado, ahora piense en una opción mejor / correcta.

1. I didn’t agree with the seller’s price and therefore made him a new offer.

2. We have signed this agreement last week and are now both parts of it.

3. You can end this agreement since the other party did a very serious breach.

4. We will request an appropriate solution for your incompliance with the contract.

5. 50,000 Euros is the appropriate price for your right to reside in the property over the next 12 months.

6. You have failed to respect your obligations in this contract and I am confident the court will order us damages.

7. Make sure to put all your contractual changes suggestions by writing.

8. I have decided to terminate my offer before the other party had a chance to accept it.

9. Given your failure to perform your obligations, you are officially under breach of contract.

10. He didn’t have the ability to contract since he is only 17 years old.

 

Identificación y corrección de imprecisiones comunes en el idioma de los contratos en inglés – parte I: Clave respuesta

1. I didn’t agree with the seller’s price and therefore made him a new offer. COUNTER-OFFER

2. We have signed this agreement last week and are now both parts of it. ENTERED INTO \ PARTIES TO

3. You can end this agreement since the other party did a very serious breach. TERMINATE \ COMMITTED \ MATERIAL or FUNDAMENTAL

4. We will request an appropriate solution for your incompliance with the contract. SEEK \ REMEDY \ BREACH OF

5. 50,000 Euros is the appropriate price for your right to reside in the property over the next 12 months. CONSIDERATION

6. You have failed to respect your obligations in this contract and I am confident the court will order us damages. PERFORM, COMPLY WITH or FULFILL \ UNDER \ AWARD

7. Make sure to put all your contractual changes suggestions by writing. AMENDEMENTS \ IN

8. I have decided to terminate my offer before the other party had a chance to accept it. REVOKE

9. Given your failure to perform your obligations, you are officially under breach of contract. IN

10. He didn’t have the ability to contract since he is only 17 years old. CAPACITY

 

Errores comunes de Ingles Jurídico / Legal English (Feb. 8, 2021)

Aquí destaco algunos de los errores de Ingles Jurídico (Legal English) mas comunes cometidos por hispanohablantes. ¿Puede corregirlos sin mirar la clave de respuestas (abajo)? ¡Darle una oportunidad!

1. The Court SENTENCED the defendant (while referring to the Court’s decision in a civil case or a verdict in a criminal case)

2. Court ORDERED damages.

3. The two PARTS of the contract agreed on the terms of the termination clause.

4. Party OF or IN the contract…

5. The Claimant ASKED FOR/REQUESTED damages.

6. The Claimant ASKED THE COURT FOR extension of time.

7. The Defendant DECLARED herself INNOCENT.

8. They reached a MUTUAL AGREEMENT out of court.

9. He TERMINATED / BREACHED his offer.

10. He was ACCUSED by the state of insider dealing.

 

Errores comunes de Ingles Jurídico / Legal English: Clave respuesta

1. The Court:

a) CONVICTED the defendant (while referring to the Court’s guilty verdict in a criminal case), or

b) RULED/FOUND FOR the Claimant (while referring to the Court’s decision in a civil case, finding the defendant liable).

2. Court AWARDED damages (or ORDERED the defendant to PAY damages; to be ORDERED to DO something).

3. The two PARTIES to the contract («parts» refers to different SECTIONS of the contract).

4. Party TO the contract

5. The Claimant SOUGHT damages (to SEEK DAMAGES; with NO preposition after seek; so NEVER to «seek for» something).

6. The Claimant FILED A MOTION for extension of time (whenever you ask the Court to do something for you, you do it through the means of a Motion or, alternatively, a petition).

7. The Defendant PLEADED NOT GUILTY.

8. They reached a SETTLEMENT out of court or an out of court settlement or simply a settlement (the word «agreement» is too general and not the best choice in this particular context).

9. He REVOKED his offer… (only CONTRACTS can be terminated or breached).

10. He was CHARGED by the state WITH insider dealing («to accuse» someone of something means to state, often without proof, what you personally believe they did).

 

Derecho contractual – Terminologia clave y comprension de clausulas (Feb. 1, 2021)

El siguiente ejercicio se basa en el APA entre la Comisión Europea y AstraZeneca.

Para completar este ejercicio de ingles jurídico (legal English) enfocado en el derecho de contratos, deberá consultar esta versión abreviada del Acuerdo:

Pg. 1:
1) What is the legal synonym for “reached” or “signed” in the first clause on pg. 1?

2) What does the term “herein” as within the meaning of the 4th clause on pg. 1 mean?

3) What is the name of the section of the contract that starts on pg. 1 and continues on pg. 2?

4) What is the synonym for “obtain” or “purchase” used in the first Whereas clause?

5) According to the last Whereas clause on pg. 1, are all Member States obligated to be part of this APA?

Pg. 2:
6) According to the 5th Whereas clause on page 2, has AstraZeneca undertaken to produce 300 million doses of Vaccine?

7) What does the term “good and valuable consideration” mean in the clause that starts with “Now, Therefore”?

8) What is the importance of a consideration clause in the common law legal tradition?

Pg. 3:
9) What does “Best Reasonable Efforts” within the meaning of the 5th Whereas clause on pg. 2 signify? Where can we find this?

10) How can we interpret this clause: does it impose an obligation on the part of AstraZeneca to provide EU COMMISSION with certain minimum number of Vaccine doses?

Pg. 4-5:
11) According to s. 5.4 of the operative clauses, may AstraZeneca produce the vaccine in facilities outside of the EU? If so, under what conditions?

Pg. 6
12) How does late or non-delivery affect payment obligations of the contract?

Pg. 7-8:
13) Who retains all Intellectual Property Rights to the Vaccine?

14) What happens after AstraZeneca decides to abandon its vaccine development?

Pg. 9:
15) What liability does AstraZeneca have in case of any harm or injury suffered by any third party (in the EU) as a result of being injected with its vaccine? Why?

Pg. 10-11:

16) What recourse does the Commission have against AstraZeneca in case it is shown that its vaccine is unsafe or ineffective? Why?

 

Clave respuesta

1) Enter into
2) In this agreement
3) The Recitals/Whereas
4) Procure
5) No, they have the right to opt out with proper (5 working days) written notice
6) No, AstraZeneca has committed itself to “use its Best Reasonable Efforts to build capacity to manufacture 300 million Doses of the Vaccine.”
7) It means valid exchange of something of value (in the context of this APA: vaccine on the part of AstraZeneca and an undisclosed sum of money on part of the EU COMMISSION)
8) In common law, it is one of the 3 necessary elements of a binding agreement (offer + acceptance + consideration)
9) It means: “the activities and degree of effort that a company of similar size with a similarly-sized infrastructure and similar resources as AstraZeneca would undertake or use in the development and manufacture of a Vaccine at the relevant stage of development or commercialization having regard to the urgent need for a Vaccine to end a global pandemic which is resulting in serious public health issues, restrictions on personal freedoms and economic impact, across the world but taking into account efficacy and safety;” (point 1.9 of the Definition section)
10) No, it simply means that AstraZeneca would do all a company of its size and nature would do to produce the Vaccine (taking into account the importance of this Vaccine becoming available given the serious health and economic consequences of the pandemic)… it is a rather ambiguously worded clause
11) Yes; however, it must first notify EU COMMISSION of this intention and the EU COMMISSION may present the company with a list of CMO’s in EU capable of vaccine production and it shall use its best reasonable efforts to contract with them for such vaccine production.
12) As per s. 8.2, the payment may be suspended until delivery has been made as long as written notification of same has been issued.
13) As per s. 11.1, AstraZeneca retains all IP rights.
14) As per s. 11.2, EU COMMISSION shall have the right to obtain a license for the Vaccine IP Rights from AstraZeneca to enable the Commission to continue the development efforts for the Vaccine for the EU market.
15) None; as per clause 14, the Commission has agreed to fully indemnify the company in all such cases
16) None; as per clause 15.1 the Commission waives and releases any such claim against AstraZeneca (as long as the latter applied Good Manufacturing Practices in its development and production process).

 

Derecho Publico Internacional – Terminología Clave, Pt. II  (Jan. 4, 2021)

Eche un vistazo a estos 15 términos relacionados con el Derecho Público Internacional, una area clave de ingles jurídico (legal English). ¿Sabrías las respuestas? En algunos casos sería aceptable más de una respuesta. ¡Las publicaré la próxima semana!

1.what a witness gives at a trial; She gave extensive _______________ as her lawyer examined her to establish the material facts.

a) testimony    b) account        c) story  d) narrative

2. the legal reasons for filing/bringing of a lawsuit/action/claim against someone; On what ______________ are you thinking of bringing this Class Action?

a) basis  b) grounds       c) foundation   d) motive        

3. a draft of law presented to a legislature for enactment; The government is currently drafting a new ______ on Universal Basic Income and it is expected that it may pass the first vote.

a) legislation   b) regulation    c) bill     d) ordinance

4. a separate opinion written by one or more justices in a case; this opinion disagrees with the decision of the majority of the  court;  Justice Roberts wrote the ___________ opinion in this case, disagreeing with the majority’s decision that the Plaintiff’s  civil rights were not violated.

a) diverging     b) dissenting    c) disagreeing  d) all of the above

5. the fixed amount of time that something lasts for; This Treaty has a ___________ of 10 years at which point its terms may have to be renegotiated.

a) period       b) validity       c)  expiry date           d) term

6. to make a decision on a specific point of law; The Judge ______ that, on the specific facts of the case, the Plaintiff was obligated to mitigate his damages.

a) decided       b) concluded    c) held   d) stated 

7. when Court decides which party to the dispute is the “winner”; Given the lack of admissible evidence presented by the Plaintiff, the Court had no choice but to __________ the Defendant.

a) find for        b) rule for                 c) adjudicate for             d) a & b

8. i) to use a law or rule in order to achieve something; ii) to mention law, principle or idea in order to support an argument; The Claimant’s attorneys ______________ the Universal Declaration of Human Rights to support their argument that the Claimant was unfairly discriminated against.

a) invoked        b) cited  c) relied on      d) a & c

9. having required qualities or fulfilling the required conditions to do, be or get something; In Japan, employees are not  _______________ to more than 10 paid vacation days.

a) qualified     b) permitted    c) eligible        d) all of the above

10. period within which a prosecution or civil action can be initiated against someone; Unfortunately, you have waited too long to bring this action. Due to the operation of the _________________, you are barred from initiating proceedings at this point.

a) lapse period      b) limitation period    c) statute of limitation        d) b & c

11. the detailed written legal explanation of the court/tribunal/Board for the decision reached in any case; Upon carefully analysing the Board’s _____________ for the decision, the lawyer decided that it was appealable as there were several reviewable errors.

a) reasons       b) findings       c) rulings             d) all of the above  

12.  to “appeal” a decision of any governmental body/ to “appeal” an administrative decision; They are going to __________ the EU Council’s designation of the country as a tax heaven.

a) question      b) appeal            c) challenge     d) undermine

13. when a Court is unable to reach a decision immediately after the conclusion of a trial or hearing; The Court has decided to  _______________ its judgment until requested additional evidence is provided by the parties.

a) delay       b) postpone      c) adjourn        d) reserve

14. an amicable solution to a dispute between two parties to avoid (or to shorten) litigation; Given the costs of potential litigation, they have decided to reach a _____________ on mutually agreeable terms.

a) agreement       b) settlement      c) resolution        d) contract      

15. to consider or judge something in a particular way; The Court ___________ that President Trump’s conduct during the Russia investigation did not amount to obstruction of justice.

a) deem     b) interpret     c) construed     d) all of the above

Derecho Publico Internacional – Terminología Clave, Pt. II: Clave respuesta

1 a; 2 b; 3 c; 4 b; 5 d; 6 c; 7 d; 8 d; 9 c; 10 d; 11 a; 12 c; 13 d, b & c; 14 b; 15 a

 

Derecho Publico Internacional – Terminología Clave, Pt. I (Sept. 1, 2020)

Eche un vistazo a estos 15 términos relacionados con el Derecho Público Internacional, una area clave de ingles jurídico (legal English). ¿Sabrías las respuestas? En algunos casos sería aceptable más de una respuesta. ¡Las publicaré la próxima semana!

1. signed, made official, settled or confirmed by express or implied consent to something done or agreed to by an agent or servant; Few months ago, the leaders of Canada, US & Mexico ___________ the revised NAFTA.

a) Signed b) entered into c) ratified d) subscribed

2. to choose someone for a position in the Supreme Court or on a Board of a company; He was ___________ to the position of Chief Justice despite fierce opposition from civil society activists.

a) Named b) appointed c) selected d) elected

3. when a higher court agrees with the decision of an inferior court; Ultimately the Higher Appellate Court ______ the lower court’s ruling, concluding that it had no authority to interfere with its findings.

a) upheld b) approved c) seconded d) affirmed

4. when a higher court changes the decision of an inferior court; After careful analysis of the case, the Appeals Court ____________ the decision of the Immigration and Refugee Board, deeming it patently unreasonable.

a) Rejected b) reversed c) canceled d) overturned

5. part of a Court decision that tells parties what each one of them must do; The Court ___________ the Defendant to restitute the Claimant for the injury to her reputation as a result of the defamatory comment.

a) Directed b) dictated c) ordered d) asked

6. administration of justice according to democratic rules and principles; It is widely acknowledged that in many Middle Eastern and Asian nations, the Defendant’s ___________ rights are not respected.

a) Due process b) human c) fair trial d) procedural

7. Petition for a specific relief from Court; They filed a ____________ for injunction, fearing that the Claimant might transfer all of his assets overseas before the trial.

a) Writ b) pleading c) statement of claim d) motion

8. when Parliament or a lower Court sends a specific matter or question (usually of constitutional nature) to Supreme Court for its interpretation; The House of Commons ________ its new euthanasia Bill to the Supreme Court to verify its constitutionality.

a) Forwarded b) referred c) presented d) introduced

9. proceeding before a court or other decision-making body; generally it is short and limited to a specific issue (or set of issues); Tomorrow morning I will be attending a procedural _________ to determine this Court’s jurisdiction and competence over this matter.

a) Trial b) process c) hearing d) a & b
10. a proceeding whereby a Court examines all the evidence, hears arguments of all parties and testimonies of all witnesses in order to reach a decision in a criminal or civil matter; usually longer and more formal than a hearing; Amanda Knox stood a highly controversial __________ in Italy for a murder of her flatmate, during which, according to EU’s Court of Human Rights, many elements of due process were not respected.

a) Hearing b) procedure c) process d) trial

11. a process under which charges are brought against a high constitutional authority, public official or judge and removing him/her from office; The Senate decided to initiate _____________ hearing after it found that the President lied under oath when he stated that he had no sexual relations with his staff member.

a) Resignation b) impeachment c) prosecution d) sentencing

12. to determine the meaning of a written document, statute, or legal decision, based upon rules of legal interpretation; After several days of analysis, the International Commercial Court __________ article 7 of the Treaty as invalid.

a) Construed b) declared c) deemed d) announced

13. to obey the law; to act according to a rule, promise, or agreement; to accept a rule, promise, or agreement; US government announced that it would not ______________ the terms of the Paris Climate Accord since a number of other nations did not do so either.

a) Fulfil b) comply with c) abide by d) respect

14. to make or pass a law; The Parliament recently _______ a new law, making it an offence to walk in public without a face mask.

a) Introduced b) enacted c) approved d) drafted

15. to make someone pay (a fine or penalty); As a result of violating the new face mask law, a 300 euro fine was ___________ on her.

a) issued b) forced c) given d) imposed

Derecho Publico Internacional – Terminología Clave, Pt. I: Clave respuesta

1 c; 2 a & b; 3 a & d; 4 b& d; 5 c; 6 a; 7 d; 8 b; 9 c; 10 d; 11 b; 12 a; 13 a, b & c; 14 b; 15 c