Get ready for Tip #5 from our Chief Legal Editor! *The difference between abstract and extract* The two terms are often erroneously used interchangeably. Abstract – A concise summary of a legal document, e.g., abstract of judgment, abstract of title, etc.?An abstract of title is a summary of the history of a piece of real estate, including previous owners and any encumbrances that affect the title to the property – so it is the closest equivalent to the Hebrew word ????, which is obtained from the Tabu (the Land Registry). Extract -– An exact replica of a portion or section of a document that has been extracted from a larger document. Since a ??? contains the entire history of the property in question, it is best to use “abstract” for that.
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Here's the latest pro tip! Pro tip #4 from our Chief Legal Editor: Substantive / material / significant?(?????) To oversimplify, the law is basically divided into two parts: a) the?substantive?part (the actual substance of the laws, what we’re allowed and not allowed to do) and b) the?procedural?part (how?things have to be done, the actual procedures for conducting trials, etc.) All the myriad nuances in English funnel down to just one word in Hebrew –??????????– ?which is used for everything.??The Hebrew often means simply “substantial” (NOT substantive), “significant,” “considerable,” “important,” “noteworthy” or any of the many other synonyms in English. It’s very context-sensitive, so the translator must decide if the author is actually talking about the content of a law, or just something that is significant. “Material,” is also ??????? ?in Hebrew. A material element of a contract, for example, is something without which the contract would not have been signed, such as consideration of some kind. It is also something that would affect the merits of a case, such as material evidence that can make or break the case, or a material witness who is so indispensable to a trial that he/she can even be placed in protective custody. Once again, the translator has the vital task of trying to discern from the context whether the author is talking about something that is merely significant or something that is downright critical. Use “substantive” only if you are referring to the actual substance of a law,?and use “material” only for things that are make-or-break critical. Use “significant,” “important,” etc. for everything else.
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Pro Tip #3 from our Chief Legal Editor: One of the quirks of Israeli writing (every language has them) is the paragraph opener ????? (along with its buddy ?????), which sounds weird in English. Some may consider this untranslatable ( if we want the sentence to sound like actual English and not like contorted Heblish). But here's a nice solution: ?????, ??????? ???? 19.09.20, ??? ????? ????? (???? ?????? ????) ????… As a reminder, in its decision dated September 19, 2020, the Honorable Court (the Honorable Judge Stern) ordered… What do you think? We welcome your comments.
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Pro Tip #2 from our Chief Legal Editor: How do we translate ??? ????? Hebrew tends to use one word for which several different words are used in English, depending on the context. ? Judgment?(sometimes called a decision) is rendered by the court (i.e., the judge) and is the court’s final determination on a case. ? Opinion?– The reasons behind the judgment. ? A verdict?is returned by a jury. There are some variations, including a directed verdict, in which the judge orders the jury to return a verdict in favor of one of the parties. However, this still involves a jury and since Israel has no jury system, there is almost no occasion for using the word “verdict” in any translation of a legal document that comes out of the Israeli judicial system.
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Thanks to ACC Israel for the informative webinar on the future of class actions in Israel. We're excited to see how the proposed legislative changes will transform this vital legal process! No matter what shape the changes take, Legaltrans is here to support our clients with top-quality translations of all legal documents throughout the litigation process.
VP, General Counsel - International Markets IP; Regulatory & Corporate Litigations at Teva Pharmaceuticals
Thank you all the ACC members that joined us in the great discussion on Israeli Class Actions - future changes and in-house tips. And a big thank you to the great team of experts from Goldfarb, Gross & Seligman Law firm - Hagit blaiberg, Moti Arad & Michael Ginsburg
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Pro tip #1 From the desk of our chief editor: How to use “shall,” “will,” and “must” in legal documents The word “shall” has been so misused, it's falling out of style. In fact, in the U.S., the latest version of the Federal Rules of Civil Procedure no longer uses the word “shall” at all. If necessary, “shall” should only be used if it can be replaced with the words “is obligated to,” i.e., “The buyer shall pay the seller $50.” The word “will” should be used as a simple future tense. Many in the American legal community consider “shall” to be ambiguous, officious and antiquated, and have shown a strong preference for the word “must” to express an obligation, and “must not” to express a prohibition.
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A certain internet startup needed a batch of 1200+ financial documents translated from Hebrew into English with a strict 2-week deadline. No flexibility at all as they had to submit the docs for US regulatory purposes. Who you gonna call? Legaltrans was happy to help. All docs translated with our top level process, including editing and picture-perfect formatting. Plus, delivery was made a day ahead of deadline. When it comes to high volume and fast turnaround in Israel's corporate realm, Legaltrans cannot be beat.
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Pleased to report another satisfied client. On Monday night in Israel, our client at one of Israel's major law firms sent a 3500-word legal pleading in Hebrew for urgent translation into English. Apologizing for the late request, she asked for our help. We were happy to help, as usual. After turning this around in 12 hours, on the eve of a holiday, our client responded: "You guys are the greatest! ??