Glossary entry

español term or phrase:

nulidad

inglés translation:

motion to vacate

Added to glossary by S Ben Price
Dec 6, 2014 12:20
10 yrs ago
73 viewers *
español term

nulidad

español al inglés Otros Derecho: (general)
Please note that this is a type of proceeding (I think).

This is a power of attorney, the section indicating the powers to be awarded to a group of lawyers, basically every possible legal procedure under the sun. I may post a few of these, since they don't seen to exist or correlate directly to the English-speaking legal world.


TIA! : )

Spanish Spain to US English

Original
Interponer, seguir y renunciar toda clase de recursos, incluso los gubernativos y contencioso administrativos, y los de reposición, reforma, súplica, apelación, casación, revisión, injusticia notoria, suplicación, queja, nulidad e incompetencia y demás procedentes en derecho.

Rough draft
To file, conduct and renounce all types of remedies, including governmental and contentious, and reversals, amendments, pleas, appeals, reviews, XXXX, reconsiderations, complaints, nullities and dismissals due to lack of competency, and others legal procedures.
Change log

Dec 7, 2014 14:11: Maria Kisic changed "Level" from "Non-PRO" to "PRO"

Votes to reclassify question as PRO/non-PRO:

PRO (3): Charles Davis, lorenab23, Maria Kisic

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Discussion

Charles Davis Dec 6, 2014:
PRO question If ever I saw a PRO question, this is it. Not only is it not something any bilingual person would know without a dictionary, it's something many professional translators would not know.

Proposed translations

+5
2 horas
Selected

motion to vacate

I'm not sure whether this refers to a specific type of appeal proceeding, or simply to a motion to vacate the proceedings in general. In Spanish criminal procedure there is a "recurso de anulación" which is a "petition to vacate an in abstentia conviction" that may be granted under certain limited circumstances.

The seemingly inoffensive paragraph that you are translating in which the drafter mentions practically all of the appeal proceedings available under Spanish law is undoubtedly quite difficult to render accurately, and there is much debate among expert legal translators as how to best translate many of them. In the event it may be helpful, here are some short definitions:

recurso gubernativo—(non-judicial) appeal of a decision of the administrative authorities

recurso contencioso-administrativo—judicial appeal of a decision of the administrative authorities; administrative law appeal filed in a “juzgado contencioso-administrativo”

recurso de reposición (civil; laboral), reforma (penal), súplica (penal)—“reconsideration appeals” filed at the court that issued the decision under appeal, asking that it reconsider/amend its initial ruling

recurso de apelación (civil; penal)—second instance appeal (what is actually understood as an appeal in Anglo-American jurisdictions) in which a higher court or entity is asked to review the decision of a lower court or entity

recurso de casación—“cassation appeal;” appeal to the Supreme Court (can only be filed if certain formal and substantive requisites have been met)

recurso de revisión—petition to review an otherwise unappealable ruling (i.e., to reopen appeal proceedings and review a judgment that has become final; grounds for doing so are very limited); “recurso de revisión” is also used to refer to reviewing certain decisions (called “decretos”) issued by court clerks

injusticia notoria—I am unaware of an actual appeal proceeding under this term; one of the grounds for reviewing a final judgment of conviction is when “las circunstancias revelan la injusticia del fallo”

recurso de suplicación (laboral)—same as “recurso de apelación”, i.e., it is a second instance appeal, but in labor procedure, to review certain decisions of the “juzgados de lo social” and “juzgados de lo mercantil”

recurso de queja—appeal against the refusal to admit an appeal to prosecution (because it does not meet the procedural or substantive requisites)

nulidad—not really an appeal, but rather a motion to vacate the proceedings (“planteamiento de la nulidad de las actuaciones”)

incompetencia—motion challenging the court’s jurisdiction; motion to dismiss for lack of jurisdiction
Peer comment(s):

agree Adrian MM. (X) : in E&W: application to set aside//depends on the context. Notice of motion is used for a (prohibitive) injunction - the latter often, in media comment cases, that falls foul of the 1st Amendment to the US Constitution, plus heard by a 'Motions Judge'.
14 minutos
Thanks Adrian. I believe that the US "motion" is generally called an "application" in E&W ¿no? "Motion to set aside" is also used in the US.//Ok, thanks for the input.
agree Anna Heath : Thank you, I have learned a lot. I have sent you a PM!
21 minutos
Thanks Anna
agree Charles Davis
7 horas
Thanks Charles
agree Maria Kisic : Yes, in the US also used as motion to set aside.
23 horas
Thanks Maria
agree Jaime Blank
1 día 37 minutos
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks!"
1 hora
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