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error vicio, error obstativo

English translation: procedural error/error on (the) face of the record

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:error vicio, error obstativo
English translation:procedural error/error on (the) face of the record
Entered by: Lawrence Lilue
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- Include in personal glossary

12:38 Jan 22, 2004
Spanish to English translations [PRO]
Law/Patents
Spanish term or phrase: error vicio, error obstativo
...estamos ante un "error vicio" y no ante un "error obstativo" o material...

The errors in question are committed by a court. The author is trying to distinguish between "error vicio" which is a defect in how the court (multi-member tribunal in this case) forms its will, i.e., agrees on a decision, and an "error obstativo", which is an error not in how the decision is reached but in how it is expressed. In other words, the decision is not flawed, but the manner in which it is expressed is mistaken and hence the true expression of the decision is impeded (obstativo comes from obstar). A typical case of an "error obstativo" is an "error material", which is normally translated as "clerical error" in this context.

Clear as mud?
Lawrence Lilue
Spain
Local time: 20:41
procedural error/error on (the) face of the record
Explanation:
Eng. admin. law terms as well as ones used in civ. proced. law.

Caveat if your audience is in the US, though Google entries do suggest the Am. civil litigation slant on procedural v. substantive error is similar: how the decision is arrived at, rather than a mistake of black-letter law.
Selected response from:

xxxKirstyMacC
Local time: 19:41
Grading comment
Thanks. I find your contributions very helpful. As I often do in these cases, for the sake of clarity I have also included the Spanish original in parentheses on first appearance of the terms.
3 KudoZ points were awarded for this answer

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Summary of answers provided
4 +3procedural error/error on (the) face of the recordxxxKirstyMacC
4invalidating mistakejackstraw
4subtantive and procedural errosGabo Pena
4defect error, contrary error
Indiana


  

Answers


56 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
defect error, contrary error


Explanation:
Try this, the terms are really difficult to find.
bye
Indiana.

Indiana
Local time: 14:41
Native speaker of: Native in SpanishSpanish
PRO pts in pair: 124
Grading comment
Thanks
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The asker has declined this answer
Comment: Thanks

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
procedural error/error on (the) face of the record


Explanation:
Eng. admin. law terms as well as ones used in civ. proced. law.

Caveat if your audience is in the US, though Google entries do suggest the Am. civil litigation slant on procedural v. substantive error is similar: how the decision is arrived at, rather than a mistake of black-letter law.


    policy.ssa.gov/poms.nsf/lnx/0302201012
    Reference: http://www.opm.gov/lmr/sc/145/145_8.asp
xxxKirstyMacC
Local time: 19:41
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 1193
Grading comment
Thanks. I find your contributions very helpful. As I often do in these cases, for the sake of clarity I have also included the Spanish original in parentheses on first appearance of the terms.

Peer comments on this answer (and responses from the answerer)
agree  Jane Lamb-Ruiz
13 mins
  -> Good choice.

agree  Alicia Jordá
5 hrs
  -> Good choice.

agree  cebice
6 hrs
  -> Good choice.
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14 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
subtantive and procedural erros


Explanation:
.

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Note added at 2004-01-23 03:10:53 (GMT)
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[errors]

Gabo Pena
Local time: 11:41
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in pair: 312
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Thanks
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The asker has declined this answer
Comment: Thanks

3726 days   confidence: Answerer confidence 4/5Answerer confidence 4/5
invalidating mistake


Explanation:
When the sense of "error" is not a defect in expressing the law, but refers to one contracting party's unawareness of the true facts, then it's "mistake in fact" - and in this respect "error vicio" is"invalidating mistake". Anyway, that's what I've found pretty reliably after mucho trawling of the internet. (And if the party hasn't understood the legal consequences of an act or decision, it's "mistake in law".)

jackstraw
PRO pts in pair: 8
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