incurrir en el defecto de fondo de falso supuesto
English translation: the SC is misruling on a matter of subtance arising from a false assumption
| 23:31 Dec 4, 2003 |
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|  Selected response from: Jane Lamb-Ruiz (X) | ||||
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| 5 | the SC is misruling on a matter of subtance arising from a false assumption |
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Answers
19 mins confidence: 
the SC is misruling on a matter of subtance arising from a false assumption Explanation: DEFECT - The want of something required by law. It is a general rule that pleadings shall have these two requisites; 1. A matter sufficient in law. 2. That it be deduced and expressed according to the forms of law. The want of either of these is a defect. Defects in matters of substance cannot be cured, because it does not appear that the plaintiff is entitled to recover; but when the defects are in matter of form, they are cured by a verdict in favor of the party who committed them. I think you can say misrule...they are not coming to the right conclusion with regard to a matter of substance....even though there are defects I think what the speaker means is that the court is misruling.... -------------------------------------------------- Note added at 2003-12-04 23:53:10 (GMT) -------------------------------------------------- The SC is misruling on a matter of substance as defined under Article X..... -------------------------------------------------- Note added at 2003-12-04 23:55:20 (GMT) Post-grading -------------------------------------------------- literally, you are right, they are \"committing\" this \"defect\" ..but I just don\'t see another way to say it in English. If they are not applying the law as set forth in an article of the law, they are indeed misruling....no? |
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