Legal Glossary EN↔ES: 20 Terms That Change Meaning

Shall: In a contract, "shall" creates an enforceable obligation. In Spanish that's «deberá», not «podrá» (mere discretion) — using the wrong one can void the ability to enforce compliance.
May: Indicates discretion, not a duty. In Spanish it's «podrá», not «deberá» — confusing the two inflates obligations the party never agreed to take on.
Warranty: Not a product "warranty" in the everyday sense: it's a contractual representation whose falsity gives rise to a damages claim, even without intent to deceive.
Indemnify: Goes beyond "compensate": it requires covering losses, including the other party's legal defense costs, not just direct damage.
Negligence: The common-law negligence standard doesn't map exactly onto Colombian civil-law «culpa»: the required standard of care isn't the same.
Affidavit: A document signed under oath before an authorized official. Translating it as a plain «declaración» strips it of the evidentiary weight it carries in the original language.
Power of Attorney: The scope of the power (general vs. special) must be just as clear in translation as in the original: a poorly delimited power of attorney can grant more authority than intended, or less.
Apostille: A certification that validates the signature on a public document so it has effect in another Hague Convention country, without consular legalization.
Notarize: In Colombia, notarization certifies the authenticity of a signature or copy, not the content of the document itself.
Certified copy: A copy a competent authority certifies as true to the original; distinct from a "certified translation," which certifies the fidelity of the translation.
Domicile: In law, "domicile" can differ from "residence": domicile implies intent to remain, not just physical presence.
Whereas: Introduces a contract's recitals; it has no binding effect on its own, unlike the operative clauses.
Null and void: A doubling typical of legal English; in Spanish «nulo» alone usually suffices, but dropping the "void" nuance can weaken clarity in litigation.
Force majeure: A concept with its own tradition in Colombian civil law; its translation should track the local legal definition, not just common English usage.
Breach of contract: Not simply "breaking" a contract: it's the failure to perform a specific contractual obligation, with legal consequences that depend on which clause was breached and how.
Tort: A common-law category with no exact Spanish equivalent; it's translated as «responsabilidad civil extracontractual», though the two categories don't fully overlap.
Deposition: A witness's sworn statement taken outside a hearing, recorded for later use in litigation; distinct from an informal interview or statement.
Discovery: The common-law pretrial phase of mandatory evidence exchange between parties; the Colombian system has no identical stage, so the concept needs to be explained, not just translated.
Injunction: A court order requiring someone to do or stop doing something immediately; usually translated as «medida cautelar», though the exact procedural mechanism varies between systems.
Statute of limitations: The legal deadline for bringing a claim; translating it as a plain "deadline" without specifying its procedural nature can cause a party to lose the right to claim once the term expires.

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Legal translation Apostille guide

Twenty words that change legal effect in translation