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demanda de amparo (in this context)

English translation: suit for amparo/writ of amparo

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:demanda de amparo (Mexico)
English translation:suit for amparo/writ of amparo
Entered by: Yvette Neisser Moreno
Options:
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15:44 Jul 26, 2012
Spanish to English translations [PRO]
Law/Patents - Law (general) / Mexico
Spanish term or phrase: demanda de amparo (in this context)
From a case heard in Mexican federal court.

"XXX presento una demanda de amparo en contra de actos de Usted [the presiding judge]..."

Basically XXX, one of the parties in the case, is being accused of improper conduct, such as disrespecting the judge's orders. In this statement, the accusing attorney is explaining that XXX issued the "demanda de amparo" not for legitimate reasons, but as a way to delay compliance with the judge's orders to provide additional information needed for the case.

In a previous Kudoz question, this phrase was translated as "petition for protection of the court," but I'm not sure if that applies here.

Thanks!
Yvette Neisser Moreno
United States
Local time: 02:16
suit for amparo*
Explanation:
*T.N. = Amparo, a very powerful provision unique to Mexican law that provides protection against acts by authorities; this term has no suitable English equivalent.

Claudia provides some good reference material.

In translation, you use "amparo" with the note.
Selected response from:

Henry Hinds
Local time: 00:16
Grading comment
Henry, thanks so much for your quick, thorough explanations of these legal terms.
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +2suit for amparo*
Henry Hinds
5Writ of Amparo
Rosa Paredes
Summary of reference entries provided
Definition of amparo
Claudia Reynaud

Discussion entries: 1





  

Answers


1 hr   confidence: Answerer confidence 5/5 peer agreement (net): +2
suit for amparo*


Explanation:
*T.N. = Amparo, a very powerful provision unique to Mexican law that provides protection against acts by authorities; this term has no suitable English equivalent.

Claudia provides some good reference material.

In translation, you use "amparo" with the note.

Henry Hinds
Local time: 00:16
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 4947
Grading comment
Henry, thanks so much for your quick, thorough explanations of these legal terms.

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans: yes, agree, but we do have the equivalent of judicial review in UK: but I would still retain the Spanish term
3 hrs
  -> Gracias, Allegro.

agree  Charles Davis: It is certainly not unique to Mexican law. It exists in most if not all Spanish-speaking countries. However, I think it has existed for longer in Mexico than anywhere else. Judicial review is not the same and is not a valid translation.
4 hrs
  -> Thanks, Charles. It was invented in Mexico, and the fact that other countries may have copied it is some fashion does not mean it is not unique to Mexican law, because the frame of reference is the USA where it does not exist.
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2 hrs   confidence: Answerer confidence 5/5
Writ of Amparo


Explanation:
http://en.wikipedia.org/wiki/Recurso_de_amparo

suite101.com › Politics & Society › Law, Crime & JusticeShare19 Nov 2010 – The Philippine Writ of Amparo is a legal means designed to protect the constitutional right to life, liberty and security of the people.

sc.judiciary.gov.ph/admin%20matters/.../RULE_AMPARO.pdfShareFile Format: PDF/Adobe Acrobat - Quick View
THE WRIT OF AMPARO. SECTION 1. Petition. – The petition for a writ of amparo is a remedy available to any person whose right to life, liberty and security ...

www.venice.coe.int/WCCJ/Papers/PHI_Azcuna_E.pdfShareFile Format: PDF/Adobe Acrobat - Quick View
THE PHILIPPINE WRIT OF AMPARO: A NEW REMEDY FOR HUMAN RIGHTS. By: Adolfo S. Azcuna. Associate Justice. Supreme Court of the Philippines ...

Rosa Paredes
Canada
Local time: 23:16
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 229
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Reference comments


11 mins peer agreement (net): +4
Reference: Definition of amparo

Reference information:
Amparo - Definition and More from the Free Merriam-Webster ...
www.merriam-webster.com/dictionary/amparo
Spanish law : a preliminary certificate issued to a claimant of land as a protection to his claim until a survey can be had and the full title vested. 2. Spanish law : a ...
[PDF]
WRIT OF AMPARO The Writ of Amparo. The nature and time-tested ...
sc.judiciary.gov.ph/Annotation_amparo.pdf
File Format: PDF/Adobe Acrobat - Quick View
The writ of amparo has been constitutionally adopted by Latin. American countries ... Philippine Constitution, the definition of judicial power was expanded to ...
Definition of the word amparo

The Writ of Amparo. The nature and time-tested role of amparo has
shown that it is an effective and inexpensive instrument for the protection of
constitutional rights.1 Amparo, literally “to protect,” originated in Mexico
and spread throughout the Western Hemisphere where it has gradually
evolved into various forms, depending on the particular needs of each
country.2 It started as a protection against acts or omissions of public
authorities in violation of constitutional rights. Later, however, the writ
evolved for several purposes:3
(1) For the protection of personal freedom, equivalent to the
habeas corpus writ (called amparo libertad);
(2) For the judicial review of the constitutionality of
statutes (called amparo contra leyes);
(3) For the judicial review of the constitutionality and
legality of a judicial decision (called amparo casacion);
(4) For the judicial review of administrative actions (called
amparo administrativo); and
(5) For the protection of peasants’ rights derived from the
agrarian reform process (called amparo agrario).
The writ of amparo has been constitutionally adopted by Latin
American countries, except Cuba, to protect against human rights abuses
especially during the time they were governed by military juntas. Generally,
these countries adopted the writ to provide for a remedy to protect the whole
range of constitutional rights, including socio-economic rights.

I believe that the term you found does apply in this case, only that I would include the word "amparo" between brackets after it.

Claudia Reynaud
Mexico
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 28

Peer comments on this reference comment (and responses from the reference poster)
agree  AllegroTrans
50 mins
  -> Thanks!
agree  Charles Davis
1 hr
  -> Thanks, Charles!
agree  Rosa Paredes
1 hr
  -> ¡Gracias!
agree  jacana54
3 hrs
  -> ¡Gracias, Lucía!
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