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Glossary entry

Spanish term or phrase:

orden de hacer o no hacer

English translation:

order to proceed/execute or not to proceed/execute

Added to glossary by JaneTranslates
Aug 22, 2010 20:39
14 yrs ago
14 viewers *
Spanish term

orden de hacer o no hacer

Spanish to English Law/Patents Government / Politics
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.
Proposed translations (English)
4 +1 orders to carry out/execute or not carry out/execute
5 +2 order to do or not do
4 +3 mandatory or prohibitory injunction
3 command/order to take or refrain from taking an action
3 orders to do or to refrain thereform
Change log

Aug 22, 2010 22:32: Laureana Pavon changed "Term asked" from "órden de hacer o no hacer" to "orden de hacer o no hacer"

Discussion

JaneTranslates (asker) Aug 22, 2010:
I'm really sorry. I'm well aware that the context is insufficient. I simply cannot think of any way of giving more information without compromising the confidential nature of the assignment. I don't even have access to the entire document--just my portion.
However, I can say that the *orden* is being given by a government agency, not by the courts.
AllegroTrans Aug 22, 2010:
More context needed: who are these orders being directed to and on what authority?

Proposed translations

+1
36 mins
Spanish term (edited): órden de hacer o no hacer
Selected

orders to carry out/execute or not carry out/execute

HTH
Peer comment(s):
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.
Something went wrong...
3 KudoZ points awarded for this answer. 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!"
+2
12 mins
Spanish term (edited): órden de hacer o no hacer

order to do or not do

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.
Note from 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 comment(s):
agree Muriel Vasconcellos (X) : 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.
Something went wrong...
7 hrs

command/order to take or refrain from taking an action

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:

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

Note from 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.
Something went wrong...
+3
49 mins
Spanish term (edited): órden de hacer o no hacer

mandatory or prohibitory injunction

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
Note from 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.
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 comment(s):
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.
Something went wrong...
15 hrs

orders to do or to refrain thereform

Given the asker is unable to provide much context and that these are not orders of a Court, this might suit
Note from 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.
Something went wrong...
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