Glossary entry

Spanish term or phrase:

violaciones al orden público

English translation:

breach of public policy

Added to glossary by Rebecca Jowers
Nov 4, 2005 06:03
18 yrs ago
12 viewers *
Spanish term

violaciones al orden público

Spanish to English Law/Patents Law (general)
En dicho juicio Ud. dictó resolución por la cual rechaza la cuestión de competencia, y existen y hay además, violaciones al orden público, pues quiere obligar a mis poderantes, a escoger esta jurisdicción, la cual ha sido protestada

Discussion

alebriones (asker) Nov 4, 2005:
Clarification: This has nothing to do with public disturbances, riots or disturbance of the peace, etc. An attorney is saying that the court is committing some type of infringement by insisting that his clients submit to its jurisdiction. I've found numerous references in Spanish with this meaning, but none in English with "public order". Thanks for your help.

Proposed translations

+1
2 hrs
Spanish term (edited): violaciones al orden p�blico
Selected

breach of public policy

In this context, I believe "orden público" does not refer to disturbances of "public order" (or as is more commonly expressed in English, "breach of the peace"), but rather refers to "public policy" as defined below:

Public Policy-Broadly, principles and standards regarded by the legislature or by the courts as being of fundamental concern to the state and the whole of society. Courts sometimes use the term to justify their decisions, as when declaring a contract void because it is "contrary to public policy". Also termed "policy of the law".
(Blacks Law Dictionary, 7th ed.)

In this case one of the parties has raised a "cuestión de competencia" disputing the court's jurisdiction and is protesting that the court is in breach of public policy by denying that party's motion for the court to decline jurisdiction.

On the following websites there are many examples of how "breach of public policy" is used to describe jurisdictional disputes like the one described in your text to be translated:

... Not constitutive of a breach of public policy - Review of the conformity of ... Jurisdiction of the original court founded on the nationality of the ...
www.jura.uni-sb.de/convention-bruxelles/en/psystemat/2701.h...

for the exclusive jurisdiction of commercial courts in the enforcement of foreign ... have it examined whether there was indeed a breach of public policy. ...
www.reec.uiuc.edu/events/Conference/lawconf_paper/oda.pdf

.. jurisdiction, or a miscarriage of justice or breach of public policy. Under the Rules. The court has no jurisdiction to set aside an award given in an ...
www.nortonrose.com/html_pubs/view.asp?id=2474

The breach of public policy for which Tate allowed a Burk action was rested ... "[N]or shall any state . . . deny to any person within its jurisdiction the ...
www.oscn.net/applications/oscn/DeliverDocument.asp?citeID=2...

Peer comment(s):

agree Manuel Cedeño Berrueta : Also Bryan Garner [A Dictionary of Modern Legal Usage, Oxford University Press, 1995]. Regards.
8 days
Thanks Manuel
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4 KudoZ points awarded for this answer.
+1
7 mins
Spanish term (edited): violaciones al orden p�blico

violations to the public order

American Heritage Dictionary: Order = Condition or state in general: in good order. 3.a. The established system of social organization:

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Note added at 8 mins (2005-11-04 06:12:30 GMT)
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or violations to public order, maybe this last one is better.
Peer comment(s):

agree Graciela Guzman
7 mins
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+1
22 mins
Spanish term (edited): violaciones al orden p�blico

violations of public order

HTH

Violations of public order include serious crimes, as well as a variety of public
disturbances which do not always qualify as crimes, or at least are not ...
www.ci.worcester.ma.us/cau/ncs/hrpt07.htm - 7k - Cached - Similar pages

CRS: Violations of Public Order
Violations of Public Order July 1, 1999 through June 30, 2000. Public order
violations occur disproportionately in the geographic pattern of all incidents; ...
www.ci.worcester.ma.us/cau/ncs/crs/crsy08.htm - 11k - Cached - Similar pages
[ More results from www.ci.worcester.ma.us ]

W. Michael Reisman, Legal Responses To Genocide And Other Massive ...
... to particular violations of public order, deterring is more general. ...
that generate or provide fertile ground for violations of public order, ...
www.law.duke.edu/journals/ lcp/articles/lcp59dFall1996p75.htm -
Peer comment(s):

agree Vitaly Fesenko
26 mins
thanks, Vitaly
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1 hr
Spanish term (edited): violaciones al orden p�blico

violation of public procedure

Taking note of amendment to question.

City of Lake Oswego: City Council: Forms & Documents
He stated that, technically, it was not a violation of public procedure for a
new Councilor (or someone in the minority) to raise a previously decided issue ...
www.ci.oswego.or.us/calendar/CouncilMtgs/1999CCMinutes/0413... - 82k - Cached - Similar pages

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Note added at 1 hr 43 mins (2005-11-04 07:47:20 GMT)
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[DOC] Masters of violence
File Format: Microsoft Word - View as HTML
... was granted immense discretionary authority, which was not Even governed by
the rules of public procedure, to deal with all matters affecting Security. ...
language123.com/samples/6276Masters_of_violence.doc - Supplemental Result - Similar pages

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Note added at 21 hrs 57 mins (2005-11-05 04:01:30 GMT)
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Or "contrary to the rules of established public procedure".
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