orden de hacer o no hacer

English translation: order to proceed/execute or not to proceed/execute

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:orden de hacer o no hacer
English translation:order to proceed/execute or not to proceed/execute
Entered by: JaneTranslates

20:39 Aug 22, 2010
Spanish to English translations [PRO]
Law/Patents - Government / Politics
Spanish term or phrase: orden de hacer o no hacer
I cannot reveal much about the document. It is from a Puerto Rican government agency. Translation should be in US English.

"Las órdenes provisionales, **órdenes de hacer o no hacer** y de cese y desistimiento podrán ser promovidas por la Junta de XXXX a iniciativa propia o a solicitud de persona con interés legítimo."

I am not trained in legal terminology; this document has a few paragraphs of this sort. I can't find the term in my dictionaries. Please help! I really appreciate your time.
JaneTranslates
Puerto Rico
Local time: 19:58
orders to carry out/execute or not carry out/execute
Explanation:
HTH
Selected response from:

Barbara Cochran, MFA
United States
Local time: 19:58
Grading comment
Thank you, femme. Your suggestion of "execute" sent me to the thesaurus, and I came up with "orders to proceed, not to proceed, or to cease and desist." Thanks for your help!
3 KudoZ points were awarded for this answer



Summary of answers provided
4 +3mandatory or prohibitory injunction
Rebecca Jowers
5 +2order to do or not do
Henry Hinds
4 +1orders to carry out/execute or not carry out/execute
Barbara Cochran, MFA
3orders to do or to refrain thereform
AllegroTrans
3command/order to take or refrain from taking an action
Jackie Bowman


Discussion entries: 2





  

Answers


12 mins   confidence: Answerer confidence 5/5 peer agreement (net): +2
órden de hacer o no hacer
order to do or not do


Explanation:
There are a lot of hits for this, a literal translation (like "cese y desistimiento" = "cease and desist".

Puerto Rican legal terms are often literal translations of US terms and are hardly understood at all in other Spanish-speaking countries.

Henry Hinds
United States
Local time: 17:58
Works in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 661
Notes to answerer
Asker: Thank you, Henry. You're so right about PR legal terms often being literal translations of US terms! But, as Muriel says, your version seems always to have a direct object, so I decided not to use this option. Next week the agency MAY tell me what the client prefers--we'll see. Thanks for your help.


Peer comments on this answer (and responses from the answerer)
agree  Muriel Vasconcellos: Though I couldn't find any references that didn't have an object. So I would add "[something]" in square brackets.
15 mins
  -> Gracias, Muriel.

agree  Richard Boulter: I agree with Henry's logic, considering Puerto Rican law's paralleling and translating U.S. law. Like Muriel, I would like to include a direct object but if it isn't in the source one can hardly invent it.
2 hrs
  -> Gracias, Richard.

neutral  cmwilliams (X): I think a legal term is required.
12 hrs
  -> That's it. That's how it is expressed.
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36 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
órden de hacer o no hacer
orders to carry out/execute or not carry out/execute


Explanation:
HTH

Barbara Cochran, MFA
United States
Local time: 19:58
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 23
Grading comment
Thank you, femme. Your suggestion of "execute" sent me to the thesaurus, and I came up with "orders to proceed, not to proceed, or to cease and desist." Thanks for your help!

Peer comments on this answer (and responses from the answerer)
agree  Richard Boulter: I would believe 'execute/not execute', I guess, though I've never seen it and don't find it in dictionaries. Also, perhaps 'compliance order/ order to comply'.
2 hrs
  -> Hi, and thanks, Richard.
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7 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
command/order to take or refrain from taking an action


Explanation:
That's how the United Nations renders it, in the one case I could find quickly.

See paragraph 35 of the Spanish and English texts in the references ...

Example sentence(s):
  • http://www.unhchr.ch/tbs/doc.nsf/%28Symbol%29/CAT.C.44.Add.5.Sp?OpenDocument
  • http://www.unhchr.ch/tbs/doc.nsf/%28Symbol%29/CAT.C.44.Add.5.En?Opendocument
Jackie Bowman
Local time: 19:58
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 48
Notes to answerer
Asker: Thanks, Jackie. I liked this option, but couldn't work it into the sentence easily with the "cease and desist" that followed. The client, however, will probably tell the agency the "proper" term in their usage. Thanks for your help.

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49 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
órden de hacer o no hacer
mandatory or prohibitory injunction


Explanation:
I would need more context to be sure, but your text may refer to injunctions, in which case "órden de hacer" may be rendered as "mandatory injunction," while "órden de no hacer" is a prohibitory injunction.

--------------------------------------------------
Note added at 10 hrs (2010-08-23 07:21:36 GMT)
--------------------------------------------------

Hi Jane,

Although “injunction” is certainly most often associated with the courts, many U.S. governmental agencies (state and federal) are empowered to issue “administrative injunctions.” I’m posting below some references in which “administrative injunction” is used or which refer to both “judicial and administrative injunctions.” For the sake of clarity, perhaps in your context you could translate “órden de hacer o no hacer” as “mandatory or prohibitory administrative injunction.”

The department has the authority to order someone to stop practicing without a license by issuing an administrative injunction. ...
online.drl.wi.gov/decisions/2009/ls0802185unl-00076416.pdf

NLRA, thus upholding a state administrative injunction against ... Life Ins. Co. v NLRB, 159 F2d 280, 284 (4th Cir 1947)
www.jstor.org/stable/1600039

... of compliance with the EPA's administrative injunction to clean the land. .... See Environmental Protection Agency, Superfund Enforcement Strategy and ...
https://litigation-essentials.lexisnexis.com/.../app?...

... were put in place and an administrative injunction requiring large portions of the ... Eventually, the U.S. Environmental Protection Agency did further ...
4563.pd.lawyers.com/News/Case%20Wins.aspx - Cached

20 May 2010... compliance and enforcement, environmental protection agency, ..... issue an immediate administrative injunction on the COM TECH project. ...
www.docstoc.com/.../Re-Request-for-Environmental-Assessment... - Cached

Agency Authority To Promulgate Rule Establishing Stop Work Orders. ... A stop work order is, in essence, an “administrative” injunction. ...
www.tba.org/tba_files/AG/OP105.pdf

State of California
(H) The violation is also a violation of a judicial or administrative injunction or order. (I) The business entity does not have in place an internal ...
info.sen.ca.gov/pub/93-94/.../sb_1747_bill_940224_introduced

... shall be in effect and shall have become final and nonappealable or if any restraint resulting from any judicial or administrative injunction, judgment, ...
www.secinfo.com/d11MXs.v1GCc.d.htm

In case closing is barred by a judicial or administrative injunction, it is possible to carve out local completion to avoid delaying global completion.
www.bmalaw.com.br/nova_internet/.../Merger Control 2007.pdf


Rebecca Jowers
Spain
Local time: 01:58
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 104
Notes to answerer
Asker: Rebecca, would the fact that these orders are given by a government agency and not by the court system mean that they are not injunctions? Your answer sounds great but I'm not sure it applies. This is an agency to which people make certain applications, which may be granted, denied, granted provisionally, etc.

Asker: Thanks, Rebecca. I really liked this answer but my project manager at the agency says it's not an injunction. What can I say? This is NOT my field! I really appreciate your time and help.


Peer comments on this answer (and responses from the answerer)
agree  Luis Rey Ballesteros (Luiroi): I think you hit the nail on the head. See this reference: http://www.answers.com/topic/injunction
6 mins
  -> Thanks Luis

agree  cmwilliams (X)
27 mins
  -> Thanks cmwilliams

agree  philgoddard: These are presumably being obtained through the courts. Good answer, by the way - I wouldn't have thought of this.
1 hr
  -> Thanks Phil

agree  worldenglish: I agree, it sounds like an injunction
4 hrs
  -> Gracias worldenglish

disagree  AllegroTrans: Now that we have additional context it is clearly not a Court order
14 hrs
  -> No, indeed, it is an "administrative injunction". Please see the references posted above.
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15 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
orders to do or to refrain thereform


Explanation:
Given the asker is unable to provide much context and that these are not orders of a Court, this might suit

AllegroTrans
United Kingdom
Local time: 00:58
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 115
Notes to answerer
Asker: Thanks for your help, AllegroTrans. I wish I could have explained more about the document, but it's confidential. I appreciate your interest in helping me find a solution.

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