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habilitación de instancia

English translation: allowing the case to be heard in an administrative law court

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12:10 May 28, 2002
Spanish to English translations [PRO]
Law/Patents
Spanish term or phrase: habilitación de instancia
This term appears in a defendant's brief filed in Argentina:

"La declaración de ***habilitación de instancia*** no causa preclusión, tiene carácter provisorio, en atención a que ella es resultado de la primera verificación de la existencia de los presupuestos procesales cuya ausencia puede denunciarse posteriormente mediante alguna excepción procesal, tales como las de litis pendencia, cosa juzgada, falta de acción, incompetencia, defecto legal. En esa oportunidad el juez debe volver a considerar si se configuran o no dichos presupues-tos (confr. Fallos: 247:517; sala III, 17-5-88, "Irurzun"; 16-8-90, "avanzada s.a."; "habilitación de la instancia contenciosoadministrativa", A.E. Grau, Ed. Platense, La Plata, 1971)."

Also, can anyone suggest a translation for "habilitación de la instancia contenciosoadministrativa," which appears in the same paragraph above?

Thanks!
Lee Penya
Local time: 04:32
English translation:allowing the case to be heard in an administrative law court
Explanation:
Allowing the case to be heard in an administrative law court does not preclude the jurisdiction of the ordinary courts and is merely provisional...
Selected response from:

Thomas West
Local time: 05:32
Grading comment
4 KudoZ points were awarded for this answer

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Summary of answers provided
5allowing the case to be heard in an administrative law courtThomas West
4filing a petition
biancaf202
4admissibility of (contentious-administrative) petition/appeal
Parrot
4declaration to validate or ratify an action or proceedingSery
4instance or jurisdiction authorization?
Robert INGLEDEW


  

Answers


11 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
instance or jurisdiction authorization?


Explanation:
There are many options, and I am not completely sure.

Robert INGLEDEW
Argentina
Local time: 06:32
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in pair: 1940
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
declaration to validate or ratify an action or proceeding


Explanation:
validation or ratification of an action or proceeding under administrative law.

Regards, Sery

Sery
Local time: 04:32
Native speaker of: Native in SpanishSpanish
PRO pts in pair: 1136
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
admissibility of (contentious-administrative) petition/appeal


Explanation:
prior to process; i.e., preliminary investigation of the case demonstrates that it is grounded in law and found procedurally correct.


    Cf., Alcaraz
Parrot
Spain
Local time: 11:32
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 7645
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
filing a petition


Explanation:
PETITION = A written application to the court asking for specific action to be taken.

FILE / FILING = All papers filed with a court regarding a lawsuit are called court papers. Court papers typically consist of pleadings (complaint or petition and answer), motions (written requests to the court to take some specific action) and court orders (written orders resulting from a trial or hearing).

The term responsive pleading is used to describe any court paper filed by a defendant in direct response to the complaint or petition filed by the plaintiff. An answer is the typical responsive pleading. Others include various motions, such as a motion to quash service of process or a motion to dismiss the complaint, which is intended to get the complaint or petition dismissed at the outset of the case.

A number of states have developed pre-printed court forms for use in court proceedings involving such matters as divorces, guardianships and temporary restraining orders. These forms are especially helpful to people handling their own cases without lawyers; checking boxes and filling in blanks is usually much easier than figuring out what needs to go into a document that must be typed from scratch. On the other hand, some forms are so confusing that they intimidate all but the most knowledgeable lawyers or paralegals.


biancaf202
Local time: 04:32
Native speaker of: Native in ItalianItalian, Native in SpanishSpanish
PRO pts in pair: 28
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14 hrs   confidence: Answerer confidence 5/5
allowing the case to be heard in an administrative law court


Explanation:
Allowing the case to be heard in an administrative law court does not preclude the jurisdiction of the ordinary courts and is merely provisional...

Thomas West
Local time: 05:32
PRO pts in pair: 72
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