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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

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23:31 Dec 4, 2003
Spanish to English translations [PRO]
Law/Patents
Spanish term or phrase: incurrir en el defecto de fondo de falso supuesto
...La Corte de Apelaciones incurre en el defecto de forma senalado en el articulo 308 como se explico en la parte primera de este escrito, e incurre, igualmente en el defecto de fondo de falso supuesto, al no considerar el segundo parrafo de la pagina 14...

1. I found defecto de fondo as material or fundamental defect, but I don't know what to do with falso supuesto

2. would it be "**committed** the material defect..."?
xxxjmf
English translation: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....


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Note added at 2003-12-04 23:53:10 (GMT)
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The SC is misruling on a matter of substance as defined under Article X.....

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Note added at 2003-12-04 23:55:20 (GMT) Post-grading
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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?
Selected response from:

Jane Lamb-Ruiz
Grading comment
fits perfectly, thank you
4 KudoZ points were awarded for this answer

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Summary of answers provided
5the SC is misruling on a matter of subtance arising from a false assumptionJane Lamb-Ruiz


  

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19 mins   confidence: Answerer confidence 5/5
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?

Jane Lamb-Ruiz
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in pair: 7709
Grading comment
fits perfectly, thank you
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