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presupuesto jurídico que queda efectivamente actualizado en el caso que se revis

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05:21 Mar 13, 2010
Spanish to English translations [PRO]
Law/Patents - Law: Taxation & Customs
Spanish term or phrase: presupuesto jurídico que queda efectivamente actualizado en el caso que se revis
Context: This is a Mexican legal document--more specifically, it is a tax decision outlining an audit/review of a company for the payment (or lack there of) of duties for water use.

Unfortunately, this document is full off several-line-long sentences...which turn out to be very long, grammatically incomplete sentences. I think this may be one of them, but I want to get as close as possible to conveying the message.

Directly preceding, and following this paragraph/sentence are Articles from the Ley Federal de Derechos, quoted verbatim. That is what this snippit is referring to.


***Presupuesto jurídico que queda efectivamente actualizado en el caso que se revisa,*** dado que en él existe una persona moral que usa, explota, o aprovecha aguas nacionales al amparo de una concesión y en consecuencia se encuentra obligado al pago del derecho sobre agua en la forma y en los términos que se encuentran expresa y previamente establecidos en el citado ordenamiento de la siguiente manera.


Just that line within the *** ***. Any ideas?

Thank you very much for lending your individual and collective wisdom!
Brandon Fancher
United States
Local time: 22:03


Summary of answers provided
5legal presupposition that reamins effectively updated in the case under revision
britos
4It is a legal hypothesis that has been explicitly brought up to date in the case under reviewLangSolutions
3legal premise effectively reaffirmed by the case under review
Kevin Melody


Discussion entries: 7





  

Answers


8 mins   confidence: Answerer confidence 5/5
legal presupposition that reamins effectively updated in the case under revision


Explanation:
#
Demystifying Legal Reasoning - Cambridge University Press
Demystifying Legal Reasoning, Larry Alexander, Emily Sherwin, 9780521703956, Cambridge University Press ... factual vs. legal presuppositions, 157–59 ...
cambridge.org/us/catalogue/ catalogue.asp?...&ss=ind - 67k - Cached
#
Understanding the FDA - Food and Drug Administration
Understanding the FDA - Food and Drug Administration ... as it pertains to its current structure and legal presupposition, as a result I no longer support the FDA ...
www.sea-plants.com/fda.html
#
Oxford Scholarship Online: Causation and Responsibility
Part II PRESUPPOSITIONS ABOUT THE NATURE OF CAUSATION BY LEGAL DOCTRINES ... PART IV THE LEGAL PRESUPPOSITION OF THERE BEING INTERVENING CAUSES' ...
oxfordscholarship.com/oso/ public/content/law/... - Cached

britos
Local time: 21:03
Works in field
Native speaker of: Native in SpanishSpanish, Native in EnglishEnglish
PRO pts in category: 8
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10 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
It is a legal hypothesis that has been explicitly brought up to date in the case under review


Explanation:
A suggestion.

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Note added at 10 hrs (2010-03-13 16:13:37 GMT)
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hi brandon. no real explanation, just that it's synonymous with assumption and presupposition and sounded ok to me. Do you think that the use of "presupuesto" in the source text is incorrect?

LangSolutions
Spain
Local time: 04:03
Native speaker of: English
PRO pts in category: 4
Notes to answerer
Asker: I don't understand what is hypothetical here. I'd love to hear some more detailed explanation. Thanks for the suggestion!

Asker: Well, nonetheless, I appreciate the suggestion. No, I don't think the use of the word is incorrect in this context; it just makes it hard when there is no verb to complement the main subject in the sentence! ;-) If you search [site:.mx "presupuesto jurídico"] in Google, you come up with a lot of good-quality legal-related links. They all seems to use the phrase as if they were talking about a Condition or Term of Law, a Requirement, or a Presumption of Law (Legal Presumption). This may very well be the case where there is no perfect English counterpart...but I'm holding out! ;-) In the meantime, I put together a translation that I'm hoping might work. I'll put that above in the discussion to see if I can get some feedback. Thanks again!

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11 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
legal premise effectively reaffirmed by the case under review


Explanation:
The words "presupuesto" and "actualizado" seem to me to be the trouble spots here, due to the large number of possible interpretations of these general use terms. This is my take on it: You could substitute "premise" for "precedent" or any other word that conveys the meaning of a pre-existing and commonly understood/accepted legal concept. As to "actualizado", the context seems to suggest to me an interpretation of reaffirmation rather than change. It is "updated" in the sense that this case reaffirms the concept and adds a current example to its application/scope. Hope that helps. Suerte!

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Note added at 12 hrs (2010-03-13 17:38:18 GMT)
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That is what I mean by "reaffirmed". The law has not been changed. It has been applied to a current case, with different facts but similar application. This act then adds to the body of examples of how this law is applied, and in this sense it "updates" the concept.

Kevin Melody
United States
Local time: 19:03
Native speaker of: Native in EnglishEnglish
Notes to answerer
Asker: Thanks Kevin. You're definitely right in that "presupuesto" and "actualizado" are the trouble spots, and I like your suggestion a lot, but this case is very limited in that it is a decision being handed down from a government agency that oversees the use of water resources and the payment of duties. The law isn't being "interpreted" through this case in the way that a Supreme Court case would interpret the law, but it is rather "applying" the law to this specific taxpayer's situation. It's scope is very limited. The focus isn't how the case if affecting the law, but rather on how the law affects the case. At least, that is my [limited] understanding of this.

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