ProZ.com global directory of translation services
 The translation workplace
Ideas
KudoZ home » English » Law/Patents

petition vs. application (jur.)

English translation: application: general; petition: legal

Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs
(or are passionate about them). Participation is free and the site has a strict confidentiality policy.
GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:petition vs application
English translation:application: general; petition: legal
Entered by: Kardi Kho
Options:
- Contribute to this entry
- Include in personal glossary

08:02 Feb 23, 2003
English to English translations [PRO]
Law/Patents
English term or phrase: petition vs. application (jur.)
and "petitioner" vs. "applicant"

Is there any difference in usage between the two terms?

Thanks in advance.

olyx
Tanja Abramovic
in legal context, they are different.
Explanation:
Application is a generic term used for describing the act of making a request for something. What kinds of request? It applies to any kind of request. Petition, on the other hand, is something more specific. It's a LEGAL term meaning a formal written request to a court for an order of the court. A petition is an application, but an application is not necessarily a petition. The keyword here is court order. Court order is what is requested in a petition. With application, it's not always the case.


--------------------------------------------------
Note added at 2003-02-23 15:35:59 (GMT)
--------------------------------------------------

Should a person file a petition or application for an adoption? It\'s petition, not application because a court order is needed in an adoption. Below is what the Law.com dictionary says about adoption:

adoption
n. the taking of a child into one\'s family, creating a parent to child relationship, and giving him or her all the rights and privileges of one\'s own child, including the right to inherit as if the child were the adopter\'s natural child. The adoption procedure varies depending on whether the child comes through an agency which handles adoptions or comes from a stranger or a relative, and on the age of the child and the adoptive parent or parents. THE HOPEFUL ADOPTIVE PARENT MUST FILE A PETITION, which may be handled by the adoption agency. Natural parents must either give binding written permission for the adoption or have abandoned the child for a lengthy period of time. An investigation will be made by a county office (probation or family services) as to the future parents\' suitability to adoption, their relationship status, their home situation, and their health, as well as the best interests of the child. If the child is old enough to understand the procedure he or she may have a say in the adoption. Finally there is a hearing before a local court judge (called \"surrogate\" in some states) and an adoption order made. In many states a new birth certificate can be issued, with the adoptive parents listed as the parents. If there is an adoption of an adult, the adopting adult usually must be several years older, based on the state law. In recent years, there has been much controversy over adoption by single parents, including gays and lesbians, with the tendency toward allowing such adoptions, provided all other criteria beneficial to the child are met.
Selected response from:

Kardi Kho
Indonesia
Local time: 19:21
Grading comment
Thank you so much for your detailed answer. I really appreciate it.

Regards,
olyx

4 KudoZ points were awarded for this answer



Summary of answers provided
5sí que hay diferencias. Normalmente, la petición es normalmente un recurso ante una negativa,Herman Vilella
4 +1in legal context, they are different.Kardi Kho
3see explanationeldira


Discussion entries: 1





  

Answers


10 mins   confidence: Answerer confidence 5/5
sí que hay diferencias. Normalmente, la petición es normalmente un recurso ante una negativa,


Explanation:
mientras que la solicitud es una petición, pero de algo que aún no ha sido denegado.

--------------------------------------------------
Note added at 2003-02-23 08:16:21 (GMT)
--------------------------------------------------

Sorry, gave you a blingual answer. In general usage, petition is an appeal or a request for something that is subject to denial or has been denied. An application is a submission that normally cannot be rejected without processing and issuing a decision.

Herman Vilella
Local time: 14:21
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in pair: 14
Login to enter a peer comment (or grade)

23 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
see explanation


Explanation:
a petition is a formal written request addressed to a magistrate or court, praying for preliminary, incidental or final specific relief and setting forth the facts or reasons therefor. a petitioner is someone who petitions.

application is the act of applying. an applicant submits a formal request for something of benefit to himself e.g a scholarship.

Ref: Merriam Webster's Third International

eldira
Indonesia
Local time: 19:21
Native speaker of: Native in IndonesianIndonesian
PRO pts in pair: 85
Login to enter a peer comment (or grade)

7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
in legal context, they are different.


Explanation:
Application is a generic term used for describing the act of making a request for something. What kinds of request? It applies to any kind of request. Petition, on the other hand, is something more specific. It's a LEGAL term meaning a formal written request to a court for an order of the court. A petition is an application, but an application is not necessarily a petition. The keyword here is court order. Court order is what is requested in a petition. With application, it's not always the case.


--------------------------------------------------
Note added at 2003-02-23 15:35:59 (GMT)
--------------------------------------------------

Should a person file a petition or application for an adoption? It\'s petition, not application because a court order is needed in an adoption. Below is what the Law.com dictionary says about adoption:

adoption
n. the taking of a child into one\'s family, creating a parent to child relationship, and giving him or her all the rights and privileges of one\'s own child, including the right to inherit as if the child were the adopter\'s natural child. The adoption procedure varies depending on whether the child comes through an agency which handles adoptions or comes from a stranger or a relative, and on the age of the child and the adoptive parent or parents. THE HOPEFUL ADOPTIVE PARENT MUST FILE A PETITION, which may be handled by the adoption agency. Natural parents must either give binding written permission for the adoption or have abandoned the child for a lengthy period of time. An investigation will be made by a county office (probation or family services) as to the future parents\' suitability to adoption, their relationship status, their home situation, and their health, as well as the best interests of the child. If the child is old enough to understand the procedure he or she may have a say in the adoption. Finally there is a hearing before a local court judge (called \"surrogate\" in some states) and an adoption order made. In many states a new birth certificate can be issued, with the adoptive parents listed as the parents. If there is an adoption of an adult, the adopting adult usually must be several years older, based on the state law. In recent years, there has been much controversy over adoption by single parents, including gays and lesbians, with the tendency toward allowing such adoptions, provided all other criteria beneficial to the child are met.


Kardi Kho
Indonesia
Local time: 19:21
Native speaker of: Native in IndonesianIndonesian
PRO pts in pair: 35
Grading comment
Thank you so much for your detailed answer. I really appreciate it.

Regards,
olyx

Peer comments on this answer (and responses from the answerer)
agree  #41698 (LSF): If file for adoption to court 'petition'. If file to govt dept 'application'. But generally interchangeable. http://www.richlandonline.com/departments/probate/forms.htm
39 mins
Login to enter a peer comment (or grade)




Return to KudoZ list


KudoZ™ translation help
The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.



See also: