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Old 04-10-2009, 10:49 AM
 
Location: Pinal County, Arizona
25,107 posts, read 34,357,433 times
Reputation: 4893

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Quote:
Originally Posted by jtur88 View Post
A contract, in civil law, is enforceable, even if it is verbal, in any language. A contract is a binding agreement between two parties to perform certain specified considerations. If a person agrees to do something, he is bound by law to do it, regardless of how the contract is uttered.

Criminal justice is also a separate matter. Constitutional due process requires that a defendant have a full right to present evidence in his defense, and it would be a violation of the constitution to restrict a defendant to presenting evidence only in a language that he does not know. You cannot put a man in prison for no other reason than that he could not testify in English. Not in the America that I live in.

There is no country on earth that makes its official language so restrictive as to obstruct those two points.
They can present in any language they wish. Their presentation will be however, translated to English. The incorporating record will be in ... English.
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Old 04-10-2009, 11:00 AM
 
Location: Washington DC
5,915 posts, read 7,084,126 times
Reputation: 948
Quote:
Originally Posted by Greatday View Post
They can present in any language they wish. Their presentation will be however, translated to English. The incorporating record will be in ... English.
In a number of states Arizona included, if a contract is negotiated in Spanish it must be written in Spanish. Not translated to Spanish, the controlling version must be in Spanish.

Greatday is making up stuff again.
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Old 04-10-2009, 11:07 AM
 
Location: Pinal County, Arizona
25,107 posts, read 34,357,433 times
Reputation: 4893
Quote:
Originally Posted by rlchurch View Post
In a number of states Arizona included, if a contract is negotiated in Spanish it must be written in Spanish. Not translated to Spanish, the controlling version must be in Spanish.

Greatday is making up stuff again.
Now, as I recall the question / answer was the opposite on the Bar Exam.

Sorry - you are wrong

Last edited by Reads2MUCH; 04-10-2009 at 01:20 PM.. Reason: personal attack
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Old 04-10-2009, 11:37 AM
 
Location: Washington DC
5,915 posts, read 7,084,126 times
Reputation: 948
Quote:
Originally Posted by Greatday View Post
Now, as I recall the question / answer was the opposite on the Bar Exam.

Sorry - you are wrong
So in addition to Green Beret, SEAL, Ordained Minister, Tax protester we now add lawyer. You're a hoot.


BTW that would be a question you missed on the bar exam. LOL

Last edited by Reads2MUCH; 04-10-2009 at 01:20 PM..
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Old 04-10-2009, 03:34 PM
 
Location: Victoria TX
42,668 posts, read 71,523,609 times
Reputation: 35864
According to a Texas law website:

If the buyer only understands Spanish, then he/she couldn't know what he/she was signing, therefore there would be no meeting of the minds concerning the contract, and thus NO CONTRACT.

So, even a contract in English is not valid, unless a plaintiff can show that the other party was aware of the terms of the contract.

Making English the official language would not alter that immutable part of contract law, that the party must know and understand the terms that the contract binds him to.
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Old 04-10-2009, 04:09 PM
 
Location: Aurora, Colorado
2,212 posts, read 4,493,155 times
Reputation: 2363
Perhaps I can share a different perspective. As someone who has traveled around the world (and lived for a few years abroad), I can say 100% that English is the official language (whether it's been named officially is another matter) of the USA. Just because we print up ballots or DMV guides in a different language does not mean we are moving away from English. Only in the larger cities and perhaps in enclaves where those from similar backgrounds tend to flock is there even a tolerance (if that can be labeled) for those who don't speak English. Imagine driving across our country, stopping in little towns along the way and asking the first gas station attendant in the middle of nowhere if he/she spoke French? There would be a lot of sign language and drawing involved.

We have family friends who are Dutch who came last year for a 2-week visit. The parents speak English almost fluently and their kids are taking English in school (right after they learned Dutch and interestingly, before they learn German or French). The dad said to me, "wow, I'm glad I speak English" after only 2 days of his visit.

Unlike Europe, there are no international street signs. How many times when you're heading for a freeway entrance does it say "I-70E second left" or something totally confusing if you spoke another language? How about signs indicating construction up ahead (many cities have huge electronic signs telling people there is an accident ahead or they should get off at the next off ramp).

I believe there have also been studies done about those kids who came to our country not speaking English and in order for them to move up the economic ladder and get a decent job, command of the English language is nearly required. Many who don't speak English find themselves in the same low-paying jobs year after year. The result is that this seems to be a non-issue that those who want to discriminate like to call up. I'm certainly not a pro-illegal immigration supporter, but neither am I someone who fears being overtaken by non-English speakers. People's perspective changes according to where they live. If you were in LA or Tucson, you might think that no one speaks English anymore. If you were in Maine or somewhere that doesn't have the large Hispanic population, you probably don't know what all the fuss is about.
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Old 04-10-2009, 04:12 PM
 
Location: Pinal County, Arizona
25,107 posts, read 34,357,433 times
Reputation: 4893
Quote:
Originally Posted by rlchurch View Post
So in addition to Green Beret, SEAL, Ordained Minister, Tax protester we now add lawyer. You're a hoot.


BTW that would be a question you missed on the bar exam. LOL
Not a Green Beret. Never asserted same.. You are lying every time you say that.

Not a Navy Sealy. Never asserted same. You are lying every time you say that.

Ordained Minister - yes

Lawyer - Yes

Tax protester - Proudly.
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Old 04-10-2009, 04:14 PM
 
Location: Pinal County, Arizona
25,107 posts, read 34,357,433 times
Reputation: 4893
Quote:
Originally Posted by jtur88 View Post
According to a Texas law website:

If the buyer only understands Spanish, then he/she couldn't know what he/she was signing, therefore there would be no meeting of the minds concerning the contract, and thus NO CONTRACT.

So, even a contract in English is not valid, unless a plaintiff can show that the other party was aware of the terms of the contract.

Making English the official language would not alter that immutable part of contract law, that the party must know and understand the terms that the contract binds him to.
The above is correct.

I never suggested otherwise
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Old 04-10-2009, 04:21 PM
 
Location: Brooklyn
40,057 posts, read 29,709,520 times
Reputation: 10450
I imagine this would be the right thread in which to ask the following question: whatever became of "U.S. English," the movement to make English the official language of the United States?
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Old 04-10-2009, 09:17 PM
 
Location: Washington DC
5,915 posts, read 7,084,126 times
Reputation: 948
Quote:
Originally Posted by jtur88 View Post
According to a Texas law website:

If the buyer only understands Spanish, then he/she couldn't know what he/she was signing, therefore there would be no meeting of the minds concerning the contract, and thus NO CONTRACT.

So, even a contract in English is not valid, unless a plaintiff can show that the other party was aware of the terms of the contract.

Making English the official language would not alter that immutable part of contract law, that the party must know and understand the terms that the contract binds him to.
It's actually one step further. If the contract is negotiated in Spanish, the written document MUST BE IN SPANISH or it's NOT LEGAL. Greatday makes up all sorts of stuff depending upon the phase of the moon.
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