October 2007 Archives

October 30, 2007

Lack of Foreign Language Translation & Interpretation Violates Language Access Act, Report Says

A new report by the Equal Rights Center, which was referenced in American Observer, alleges that D.C. residents, who speak limited English, are not getting enough Amharic translations and Amharic interpreting, Chinese translations and Chinese interpreting, Korean translations and Korean interpreting, Spanish translations and Spanish interpreting, and Vietnamese translations and Vietnamese interpreting.

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October 27, 2007

Accurate Legal Translations Hold the Keys to Binding Cross-Border Prenuptial Agreements

Attorneys drafting cross-border premarital agreements occasionally overlook the importance of professional document translation and language interpreters. At its most fundamental level, a prenuptial agreement with a foreign bride or a foreign groom is nothing more than a contract and thus must conform to the basic laws of contract.

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October 26, 2007

Legal Document Translation, the Parol Evidence Rule and the Statute of Frauds: What You Need to Know About Cross-Border Prenuptial Agreements

Two important rules applicable to interpreting a prenuptial agreement with a foreign national are the Parol Evidence Rule and the Statute of Frauds. The Parol Evidence Rule holds that prior or contemporaneous negotiations and agreements that contradict, modify or vary the terms of the contract are inadmissible when the contract is intended to be a complete and final expression of the parties.

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October 25, 2007

Admitting English Translation/ Interpretation Transcript of Foreign Language Recording without Admitting the Foreign Language Recording

It is well established that a foreign language recording is an admissible form of evidence. It is also well established that an English translation/ interpretation transcript of the foreign language recording may be introduced as substantive evidence in order to aid the jury in understanding the recording. However, a relatively recent development in the law is whether or not an English translation/ interpretation transcript of a foreign language recording can be admitted even when the foreign language recording is not.

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October 24, 2007

Language Interpreting & Translation, and Excited Utterances in a Foreign Language

The majority of out-of-court statements made by another person are hearsay and therefore inadmissible as evidence. However, numerous exceptions to the hearsay rule exist. One of these exceptions is the Excited Utterance.

An excited utterance is an out-of-court statement relating to a startling event, made while under the stress of the excitement from the event or before the declarant has time to reflect upon the event. (F.R.E. 803(2).

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October 18, 2007

Foreign Tape Translation, and Admission of Foreign Language Recordings- Standard of Review

When taped-recorded conversations in a foreign language are part of the evidence, an English translation of the foreign language tape recording - referred to as the official English translation/ interpretation transcript- is typically presented at trial.

When an appeal is based on a claim of improper admittance of a foreign language recording during trial, the proper standard of appellate review is for an abuse of discretion.

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October 17, 2007

Court Interpreters & Translation of Foreign Language Slang in the Courtroom

Often times foreign language documentary evidence will contain slang terms that lack an exact interpretation. When this situation arises, the court will begin by asking the parties to stipulate to an accurate translation. If the parties are unable to reach a stipulation, the court will require each party to submit its own version of the translated document during trial.

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October 13, 2007

Bulgarian Translation of "Euro" as Bulgarian National and Cultural Identity Issue

The European Union currently has 23 official languages. In order for each version of the EU documents translated into those 23 languages to be binding, there’s an ongoing need for precise Bulgarian translation and Czech translation; Danish translation and Dutch translations; English translations and Estonian translation; Finnish translations and French translation; German translations and Greek translation; Hungarian translations and Irish translation; Italian translation and Latvian translation; Lithuanian translation and Maltese translation; Polish translation and Portuguese translation; Romanian translation and Slovak translation; Slovenian translation; Spanish translation and Swedish translation.

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October 11, 2007

Pharmaceutical Translation, Language Translation for Product Liability Lawyers, Products Liability Claims, and English Only Warnings

Under U.S. product liability law, significant liability can result "if a manufacturer or product seller fails to adequately communicate appropriate safety information to purchasers and users of its products".

But is a manufacturer or product seller obligated to provide technical translation of product warnings into languages other than English?

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October 10, 2007

Patent Translation Costs To Drop as France Ratifies London Agreement

Thanks to I/P Updates we just learned that France has ratified the London Agreement. This fact does away with the need to translate patents into all the languages of the EPO's Contracting States. Your clients no longer need to worry about needing Bulgarian translations; Czech translation; Danish translations; Dutch translation; Estonian translations; Finnish translations; Greek translations; Hungarian translations; Icelandic translations; Irish Gaelic translations; Italian translations; Latvian translations; Lithuanian translations; Luxembourgish translations; Maltese translations; Polish translations; Portuguese translations; Romanian translations; Slovak translations; Slovenian translations; Spanish translations; Swedish translations; and Turkish translations.

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October 10, 2007

Translation/ Interpretation Experts, and Qualifying a Foreign Language Interpreter as an Expert

A foreign language interpreter must be established as an expert before acting as an interpreter in a court proceeding. In general, the Rules of Evidence define an expert as anyone with "specialized knowledge (that) will assist the trier of fact to understand the evidence or to determine a fact in issue".

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October 7, 2007

Legal Translations into Farsi, Traditional & Simplified Chinese, Vietnamese, Punjabi, Russian, and Spanish

It's not always possible for attorneys to be fluent in the languages of foreign-born clients. Fortunately, professional translators and interpreters help overcome language-related difficulties in the courtroom and beyond.

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October 4, 2007

Instructing the Jury on Using Translated/ Interpreted Foreign Language Testimony

Whenever a foreign language interpreter is used in a jury trial, it is essential that the jury be instructed on the proper amount of weight to be given to the interpreted foreign-language testimonial evidence. The judge should convey this information to the jury as both pre-trial and post-trial instructions.

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October 3, 2007

How Do I Know If the Plaintiff or Defendant Needs a Foreign Language Interpreter?

Contrary to popular belief, foreign language interpreters are needed even when the plaintiff, defendant or witness has enough proficiency in a second language (English) to engage in basic conversations. In the courtroom and in cross-cultural depositions, basic language proficiency is just not enough.

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