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parte petitoria

English translation: plaintiff, petitioner, acting party

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17:54 Oct 27, 2007
Spanish to English translations [PRO]
Law/Patents - Law: Contract(s) / appeal against insurance payout
Spanish term or phrase: parte petitoria
"En este case existe demanda y existe parte petitoria y en esta está incluido el pago de las mensualidades..."
Karen Vincent-Jones
United Kingdom
Local time: 15:24
English translation:plaintiff, petitioner, acting party
Explanation:
If we are dealing with a contract related dispute, the Parte Petitoria is just the Party who brings forth the complaint. The monthly payments reffered to in the parragraph above do not constitute damages per se, but more an obligation set forth within the contract that wes yet to be fulfilled. Damages usually come from an action by a party in which unforseen expenses or loss of income has resulted as a direct corolation to this party's actions. i.e. someone invloved in an automobile accident that brings for the total loss of the car can seek damages in a legal action.
From my understanding, the parragraph set forth above talks about monthly payments previously agreed upon by the parties to this action.

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Note added at 19 hrs (2007-10-28 13:34:59 GMT)
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No, a "Parte" ALWAYS implies an actor. The document itself would be called "demanda". I bel;ieve that then, in this context, the accurate translation is Plaintiff. The word Petitioner is mostly utilized in Court for Family Court matters. This would start a Civil Case and therefore I think the right term is Plaintiff.
Selected response from:

Cynthia Herber, LL.M.
United States
Local time: 09:24
Grading comment
Thank you Cynthia, you have cleared this up for me.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5moving party
Flavio Posse
5plaintiff, petitioner, acting party
Cynthia Herber, LL.M.
5prayer for relief (part)xxxAdrian MM.
4 +1requesting party
Robert Copeland
4party asking for relief (damages)
Michael Powers (PhD)
4claimant
Edward Tully
4petitioner
Frances Lake
4Petitioning Party
Satto (Roberto)


Discussion entries: 2





  

Answers


3 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
Petitioning Party


Explanation:
; )

Satto (Roberto)
Colombia
Local time: 09:24
Does not meet criteria
Works in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 50
Notes to answerer
Asker: Thank you Roberto

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16 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
requesting party


Explanation:
suerte!

Robert Copeland
United States
Local time: 10:24
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 228
Notes to answerer
Asker: Thank you Robert, and you, Beatriz


Peer comments on this answer (and responses from the answerer)
agree  Beatriz Galiano: Si, creo que es el party que pide el dinero a la aseguradora.
4 hrs
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34 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
petitioner


Explanation:
my suggestion

Frances Lake
Local time: 11:24
Meets criteria
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 20
Notes to answerer
Asker: Thank you Frances

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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
claimant


Explanation:
anyone asking for anything in a court of law is a claimant of one sort or another...

Edward Tully
Local time: 16:24
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 957
Notes to answerer
Asker: Thank you Edward

Asker:

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4 hrs   confidence: Answerer confidence 5/5
moving party


Explanation:
.

Flavio Posse
United States
Local time: 07:24
Does not meet criteria
Works in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 19
Notes to answerer
Asker: Thank you for your suggestion, Flavio

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2 hrs   confidence: Answerer confidence 5/5
plaintiff, petitioner, acting party


Explanation:
If we are dealing with a contract related dispute, the Parte Petitoria is just the Party who brings forth the complaint. The monthly payments reffered to in the parragraph above do not constitute damages per se, but more an obligation set forth within the contract that wes yet to be fulfilled. Damages usually come from an action by a party in which unforseen expenses or loss of income has resulted as a direct corolation to this party's actions. i.e. someone invloved in an automobile accident that brings for the total loss of the car can seek damages in a legal action.
From my understanding, the parragraph set forth above talks about monthly payments previously agreed upon by the parties to this action.

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Note added at 19 hrs (2007-10-28 13:34:59 GMT)
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No, a "Parte" ALWAYS implies an actor. The document itself would be called "demanda". I bel;ieve that then, in this context, the accurate translation is Plaintiff. The word Petitioner is mostly utilized in Court for Family Court matters. This would start a Civil Case and therefore I think the right term is Plaintiff.

Cynthia Herber, LL.M.
United States
Local time: 09:24
Meets criteria
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 16
Grading comment
Thank you Cynthia, you have cleared this up for me.
Notes to answerer
Asker: Yes, this is the issue here, the insurance company refused to pay out the amount stated in the policy. But, I wonder, can 'parte petitoria' also refer to the claim itself, ie the actual document?

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21 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
party asking for relief (damages)


Explanation:
Mike :)

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Note added at 25 mins (2007-10-27 18:19:32 GMT)
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In most bilingual legal dictionaries "petitoria" is translated as "prayer for relief"

Alcaraz Varó y Hughes - Diccionario de términos jurídicos
Tom L. West, III. Spanish-English Dicitonary of Law and Buinsess
etc.

In Black's Law Dictionary, we have teh following definition:

"prayer for relief. A request addressed to the court and appearing at the end of a pleading; sep., a request for specific relief of damages. Often shortened to "prayer". Also termed "demand for relief". "


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Note added at 25 mins (2007-10-27 18:20:18 GMT)
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FindLaw for Legal Professionals - Case Law, Federal and State ...
Nevertheless, under T.R. 60(B)(8), the party asking for relief must show that its failure to act or the result was not merely due to an omission involving ...
caselaw.lp.findlaw.com/scripts/getcase.pl?court=in&vol=051802.gbh&invol=2 - 39k - Cached - Similar pages - Note this
Van Keuren v. Little, (03-1389) 07/06/2004
[t]he party asking for relief by reformation of a deed or written instrument, must allege and prove, first, that a material stipulation, as alleged, ...
www.aoc.state.nc.us/www/public/coa/opinions/2004/031389-1.h... - 18k - Cached - Similar pages - Note this
Digest of the Reports of the Supreme Court of California: Volumes ... - Google Books Result
by James Henry Deering, California Supreme Court - 1895 - 3254 pages
Courte of equity will not grant relief against judgment» recovered at law, unless the party asking for relief was unable to avail himself of his defense in ...
books.google.com/books?id=VQE4AAAAIAAJ... - Note this
ConsortiumInfo.org - FTC Grants a Partial Stay to Rambus
Under that rule, the party asking for relief must address the following four factors:. 1. The likelihood that the applicant will succeed on appeal ...
www.consortiuminfo.org/standardsblog/article.php?story=2007... - 35k - Cached - Similar pages - Note this
Olsen Logging Co. et al v. D. Lawson et al (5/15/92), 832 P 2d 174
... rule requiring a clear showing of probable success applies in situations where the party asking for relief does not stand to suffer irreparable harm, ...
touchngo.com/sp/html/sp-3840.htm - 19k - Cached - Similar pages - Note this
The Codes of California as Amended and in Force at the Close of ... - Google Books Result
by James Manford Kerr, California - 1922 - Civil law
... and no laches or want of diligence is imputable to party asking for relief, there is nothing In reason or propriety preventing interference of equity. ...
books.google.com/books?id=eNA3AAAAIAAJ... - Note this
FindLaw for Legal Professionals - Case Law, Federal and State ...
Stansbury, 694 N.E.2d 1173, 1176 (Ind. Ct. App. 1998), this court held that “under T.R. 60(B)(8), the party asking for relief must show that its failure to ...
caselaw.findlaw.com/scripts/getcase.pl?court=in&vol=app%5C09280114.par&invol=2 - 55k - Cached - Similar pages - Note this
Modern American Law: A Systematic and Comprehensive Commentary on ... - Google Books Result
by Eugene Allen Gilmore, William Charles Wermuth - 1915
... and where the party asking for relief was without other adequate remedy and the right was clearly on his side; to issue injunctions; and to make such ...
books.google.com/books?id=kAc9AAAAIAAJ... - Note this
Settlement Agreements in Commercial Disputes: Negotiating, ... - Google Books Result
by Richard A. Rosen - 2000 - Law - 1150 pages
... and whether the mistake was or was not the product of gross negligence on the part of the party asking for relief.") (citing Barlow v. Jones, 87 A. 649, ...
books.google.com/books?isbn=073551478X... - Note this
Texans for a Traditional School Year.
“In law, the group or party asking for relief assumes the burden of proof. School boards should be held to the same standard,” Forbes said. ...
traditionalschoolyear.org/news/1in5startingearly.html - 17k - Cached - Similar pages - Note this

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Note added at 26 mins (2007-10-27 18:21:00 GMT)
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FindLaw for Legal Professionals - Case Law, Federal and State ...
Here, the district court first instructed the jury: “a party asking for damages must prove the nature, extent, duration, and consequences of his or her ...
caselaw.findlaw.com/scripts/getcase.pl?court=MN&vol=sc%5C0208%5Cc201340&invol=1 - 80k - Cached - Similar pages - Note this
FindLaw for Legal Professionals - Case Law, Federal and State ...
1999) (“A party asking for damages must prove the nature, extent, duration, and consequences of his or her (injury) (harm).”). ...
caselaw.findlaw.com/scripts/getcase.pl?court=MN&vol=sc%5C0508%5Copa030465-0818&invol=1 - 133k - Cached - Similar pages - Note this
Useful information for Business Journalism
plaintiff: The individual or business who files the charges in a lawsuit against another party asking for damages or a court ruling. ...
www2.sabew.org/sabewweb.nsf/e0087b5460c4a721862569c2005fa85a/9ee0c4c44bf984ca862571800062dbb8!OpenDocument - 94k - Cached - Similar pages - Note this
Show Me the Money: Writing Business and Economics Stories for Mass ... - Google Books Result
by Chris Roush - 2004 - Education - 400 pages
... the debts of the business. plaintiff: The individual or business who files the charges in a lawsuit against another party asking for damages or a court ...
books.google.com/books?isbn=0805849548... - Note this
Harmonization 505 Before examining the term “harmonization” as ...
for example the fact that the party asking for damages was the stronger party in terms of bar-. gaining the contract. 57. Opinion at [2201] ECR I-6300, ...
www.ingentaconnect.com/content/kli/cola/2004/00000041/00000... - Similar pages - Note this
[PDF]
1 Florence: Impact courts on private law- text. Bringing (Private ...
File Format: PDF/Adobe Acrobat - View as HTML
party asking for damages was the stronger party in terms of bargaining the contract. 74. Opinion at [2201] ECR I- 6300, paras 37 and 38. ...
www.law.kuleuven.ac.be/ccle/pdf/2005-01-18_WvG_.Impact_cour... - Similar pages - Note this
Benning v. Moore - Minnesota Personal Injury Lawyers
A party asking for damages must prove the nature, extent, duration, and consequences of his or her harm. That is, the harm that is being compensated. ...
www.napil.com/PersonalInjuryCaseLawDetail63506/Page2.htm - 21k - Cached - Similar pages - Note this

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Note added at 23 hrs (2007-10-28 17:17:02 GMT) Post-grading
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Thank you for taking the time to thank me. - Mike :)

Michael Powers (PhD)
United States
Local time: 10:24
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 977
Notes to answerer
Asker: Thank you so much Michael for taking the trouble to answer and for all the references you supplied. I have decided to go for 'plaintiff' in this case.


Peer comments on this answer (and responses from the answerer)
neutral  xxxAdrian MM.: it's a pity you didn't stick to the prayer for relief and stamp it on this question
2 days4 hrs
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2 days4 hrs   confidence: Answerer confidence 5/5
parte petitoria (Col.)
prayer for relief (part)


Explanation:
There exists a (statement of) claim and a prayer for relief and, within the latter, payement of monthly instalments.

How this can be twisted into a party is a disturbing phenomenon.







Example sentence(s):
  • a) que para la acertada resolución del incidente es necesario analizar el texto de la demanda en el que *en su parte petitoria* indica que sobre la base de ...
  • prayer for relief. What the plaintiff asks of the court -- for example, the plaintiff may ask for an award of monetary damages, an injunction to make the ...

    Reference: http://www.cde.cl/getFilePublic.php?id=24301&code=saqXvZxCHx...
    Reference: http://www.nolo.com/definition.cfm/Term/C73F3030-457C-4A3C-B...
xxxAdrian MM.
Local time: 16:24
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 547
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