Month: December 2023

Legal English for Spanish Speakers: Multiple Meanings of “board”

rebeccajowers Legal English for Spanish-speakers , , , ,

When “board” denotes a group of persons exercising managerial or supervisory powers, it can have several different Spanish renderings. In business law contexts in Spain, a company’s “board of directors” is its consejo de administración (called junta directiva or directorio in other Spanish-speaking jurisdictions). In other respects, the “board of trustees” of a foundation (fundación) is its patronato.

“Board” is also used in the context of alternative dispute resolution (resolución extrajudicial de conflictos), in which arbitration (arbitraje) may be conducted by a single arbitrator (árbitro único) or by a panel of arbitrators commonly known as an “arbitration board” (tribunal arbitral).

In the US, a state or local entity that governs and manages the public school system is commonly know as the “board of education.” And “board” may likewise designate a type of governmental body or entity. In that regard, what in Spain are collectively termed organismos administrativos (generically, “governmental agencies”) receive several different names within the US government. One of these is “board” (Federal Reserve Board–FRB; National Labor Relations Board–NLRB, etc.), but also include “agencies” (Central Intelligence Agency–CIA; Environmental Protection Agency–EPA), “bureaus” (Federal Bureau of Investigation–FBI) and “commissions” (Securities and Exchange Commission–SEC; International Trade Commission–ITC).

False Friends: “asesinato” vs. assassination

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These are true false friends, “assassination” (the deliberate killing of a public figure) being magnicidio, while asesinato is generally associated with “murder” (the intentional premeditated unlawful killing of a human being). With respect to the latter, the specific related offenses defined in the Spanish Criminal Code (Código Penal) include homicidio imprudente, homicidio (doloso) and asesinato. How these terms are translated may depend on the target audience, but generally homicidio (doloso), defined as matar dolosamente a otra persona, may perhaps be best rendered simply as “murder.”

In contrast, as defined in Spain asesinato requires killing con alevosía (measures that an offender takes to ensure their impunity), por precio, recompensa o promesa (for hire, reward or promise of reward), or con ensañamiento (with extreme cruelty). Committing murder con alevosía implies depriving the victim of any means of defense (inexistencia de posibilidades de defensa por parte del sujeto pasivo), while ensañamiento is defined as aumentar deliberada e inhumanamente el sufrimiento de la víctima en la ejecución del delito. In view of these requisites, if homicidio (doloso) is rendered as “murder,” asesinato may perhaps be appropriately described as “aggravated murder” or “first-degree murder.” In other respects, homicidio imprudente may possibly be rendered as “manslaughter” (unlawful killing without express or implied intent to do injury), but when a distinction must be made between homicidio imprudente grave and homicidio imprudente leve expressions such as “reckless homicide” and “negligent homicide” may perhaps prove useful.