nulidad

English translation: motion to vacate

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:nulidad
English translation:motion to vacate
Entered by: S Ben Price

12:20 Dec 6, 2014
Spanish to English translations [PRO]
Law (general)
Spanish term or phrase: nulidad
Please note that this is a type of proceeding (I think).

This is a power of attorney, the section indicating the powers to be awarded to a group of lawyers, basically every possible legal procedure under the sun. I may post a few of these, since they don't seen to exist or correlate directly to the English-speaking legal world.


TIA! : )

Spanish Spain to US English

Original
Interponer, seguir y renunciar toda clase de recursos, incluso los gubernativos y contencioso administrativos, y los de reposición, reforma, súplica, apelación, casación, revisión, injusticia notoria, suplicación, queja, nulidad e incompetencia y demás procedentes en derecho.

Rough draft
To file, conduct and renounce all types of remedies, including governmental and contentious, and reversals, amendments, pleas, appeals, reviews, XXXX, reconsiderations, complaints, nullities and dismissals due to lack of competency, and others legal procedures.
S Ben Price
Spain
Local time: 10:38
motion to vacate
Explanation:
I'm not sure whether this refers to a specific type of appeal proceeding, or simply to a motion to vacate the proceedings in general. In Spanish criminal procedure there is a "recurso de anulación" which is a "petition to vacate an in abstentia conviction" that may be granted under certain limited circumstances.

The seemingly inoffensive paragraph that you are translating in which the drafter mentions practically all of the appeal proceedings available under Spanish law is undoubtedly quite difficult to render accurately, and there is much debate among expert legal translators as how to best translate many of them. In the event it may be helpful, here are some short definitions:

recurso gubernativo—(non-judicial) appeal of a decision of the administrative authorities

recurso contencioso-administrativo—judicial appeal of a decision of the administrative authorities; administrative law appeal filed in a “juzgado contencioso-administrativo”

recurso de reposición (civil; laboral), reforma (penal), súplica (penal)—“reconsideration appeals” filed at the court that issued the decision under appeal, asking that it reconsider/amend its initial ruling

recurso de apelación (civil; penal)—second instance appeal (what is actually understood as an appeal in Anglo-American jurisdictions) in which a higher court or entity is asked to review the decision of a lower court or entity

recurso de casación—“cassation appeal;” appeal to the Supreme Court (can only be filed if certain formal and substantive requisites have been met)

recurso de revisión—petition to review an otherwise unappealable ruling (i.e., to reopen appeal proceedings and review a judgment that has become final; grounds for doing so are very limited); “recurso de revisión” is also used to refer to reviewing certain decisions (called “decretos”) issued by court clerks

injusticia notoria—I am unaware of an actual appeal proceeding under this term; one of the grounds for reviewing a final judgment of conviction is when “las circunstancias revelan la injusticia del fallo”

recurso de suplicación (laboral)—same as “recurso de apelación”, i.e., it is a second instance appeal, but in labor procedure, to review certain decisions of the “juzgados de lo social” and “juzgados de lo mercantil”

recurso de queja—appeal against the refusal to admit an appeal to prosecution (because it does not meet the procedural or substantive requisites)

nulidad—not really an appeal, but rather a motion to vacate the proceedings (“planteamiento de la nulidad de las actuaciones”)

incompetencia—motion challenging the court’s jurisdiction; motion to dismiss for lack of jurisdiction
Selected response from:

Rebecca Jowers
Spain
Local time: 10:38
Grading comment
Thanks!
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +5motion to vacate
Rebecca Jowers
5nullity, invalidity
Anna Heath


Discussion entries: 1





  

Answers


1 hr   confidence: Answerer confidence 5/5
nullity, invalidity


Explanation:
nullity, invalidity

http://iate.europa.eu/SearchByQuery.do?method=searchDetail&l...


    Reference: http://iate.europa.eu/
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Anna Heath
United Kingdom
Local time: 09:38
Specializes in field
Native speaker of: English
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2 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +5
motion to vacate


Explanation:
I'm not sure whether this refers to a specific type of appeal proceeding, or simply to a motion to vacate the proceedings in general. In Spanish criminal procedure there is a "recurso de anulación" which is a "petition to vacate an in abstentia conviction" that may be granted under certain limited circumstances.

The seemingly inoffensive paragraph that you are translating in which the drafter mentions practically all of the appeal proceedings available under Spanish law is undoubtedly quite difficult to render accurately, and there is much debate among expert legal translators as how to best translate many of them. In the event it may be helpful, here are some short definitions:

recurso gubernativo—(non-judicial) appeal of a decision of the administrative authorities

recurso contencioso-administrativo—judicial appeal of a decision of the administrative authorities; administrative law appeal filed in a “juzgado contencioso-administrativo”

recurso de reposición (civil; laboral), reforma (penal), súplica (penal)—“reconsideration appeals” filed at the court that issued the decision under appeal, asking that it reconsider/amend its initial ruling

recurso de apelación (civil; penal)—second instance appeal (what is actually understood as an appeal in Anglo-American jurisdictions) in which a higher court or entity is asked to review the decision of a lower court or entity

recurso de casación—“cassation appeal;” appeal to the Supreme Court (can only be filed if certain formal and substantive requisites have been met)

recurso de revisión—petition to review an otherwise unappealable ruling (i.e., to reopen appeal proceedings and review a judgment that has become final; grounds for doing so are very limited); “recurso de revisión” is also used to refer to reviewing certain decisions (called “decretos”) issued by court clerks

injusticia notoria—I am unaware of an actual appeal proceeding under this term; one of the grounds for reviewing a final judgment of conviction is when “las circunstancias revelan la injusticia del fallo”

recurso de suplicación (laboral)—same as “recurso de apelación”, i.e., it is a second instance appeal, but in labor procedure, to review certain decisions of the “juzgados de lo social” and “juzgados de lo mercantil”

recurso de queja—appeal against the refusal to admit an appeal to prosecution (because it does not meet the procedural or substantive requisites)

nulidad—not really an appeal, but rather a motion to vacate the proceedings (“planteamiento de la nulidad de las actuaciones”)

incompetencia—motion challenging the court’s jurisdiction; motion to dismiss for lack of jurisdiction


Rebecca Jowers
Spain
Local time: 10:38
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 2210
Grading comment
Thanks!

Peer comments on this answer (and responses from the answerer)
agree  Adrian MM. (X): in E&W: application to set aside//depends on the context. Notice of motion is used for a (prohibitive) injunction - the latter often, in media comment cases, that falls foul of the 1st Amendment to the US Constitution, plus heard by a 'Motions Judge'.
14 mins
  -> Thanks Adrian. I believe that the US "motion" is generally called an "application" in E&W ¿no? "Motion to set aside" is also used in the US.//Ok, thanks for the input.

agree  Anna Heath: Thank you, I have learned a lot. I have sent you a PM!
21 mins
  -> Thanks Anna

agree  Charles Davis
7 hrs
  -> Thanks Charles

agree  Maria Kisic: Yes, in the US also used as motion to set aside.
23 hrs
  -> Thanks Maria

agree  Jaime Blank
1 day 37 mins
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