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 is nothing more than a contract and thus must conform to the basic laws of contract.
Two important rules applicable to interpreting a prenuptial agreement 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.
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.
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.
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...
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 are the Parol Evidence Rule and...
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....
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...
