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13:57 Aug 22, 2017 |
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Spanish to English translations [PRO] Law/Patents - Certificates, Diplomas, Licenses, CVs / parte narrativa, parte motiva unico y parte dispositiva | |||||||
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| Selected response from: Robert Carter Mexico Local time: 20:08 | ||||||
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Summary of answers provided | ||||
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4 | Facts - Law - Disposition |
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Facts - Law - Disposition Explanation: There are a few ways you could translate this: Parte narrativa refers to the facts in issue, so you could use "Facts" or "Findings of Fact". Parte motiva refers to the legal grounding for the decision, so you could simply use "Law" or "Conclusions of Law", but since it also reads "Único", you might just want to say "Conclusion of Law" or "Point of Law". Parte dispositiva, as you rightly mention, can be translated as "Decision" or "Disposition", i.e., "A final settlement or determination - "the court's disposition of the case"" (Black's Law) I. What’s in a Judicial Opinion? Judicial opinions (also known as legal opinions, legal decisions, or cases) are written decisions authored by judges explaining how they resolved a particular legal dispute and explaining their reasoning. An opinion tells the story of the case: what the case is about, how the court is resolving the case, and why. Most legal opinions follow a simple formula that will seem odd to you at first, but will quickly become second nature. In this section, I’ll take you through the basic formula. Let’s start with the preliminary stuff before the body of the opinion. This part isn’t very important in most cases, but it’s helpful to know anyway. The Caption: The caption is the title of the case, such as Brown v. Board of Education... The Case Citation: Underneath the case name, you will find a legal citation that tells you the name of the court that decided the case... The Author of the Opinion: The next bit of information is the name of the judge who authored the opinion... Okay, enough of the preliminary stuff. Let’s get to the body of the opinion. The Facts of the Case: The first part of the body of the opinion is usually devoted to presenting the facts of the case. In other words, what happened? Surprisingly, there are no particular rules for what a judge must include in this section. Sometimes the fact sections are long, and other times they are short; sometimes they are clear and accurate, and other times they are vague or incomplete. Typically, the facts tell you the judge’s understanding of the case and what the judge thought was an important aspect of the case that helped the judge reach the decision. ... The Law of the Case: After the opinion has presented the facts, it will then discuss the law. This section of the opinion describes the legal principles that the judge will use to decide the case and reach a particular outcome. In many cases, the law is presented in two stages: first the opinion will discuss the general principles of law that are relevant to the case given its facts, and next the court will apply the law to the facts and reach the court’s outcome. The Disposition: The disposition usually appears at the end of the main opinion, and tells you what action the court is taking with the case. For example, an appeals court may affirm the lower court decision, upholding it; or it may reverse the decision, overturning it, and remand the case, sending it back to the lower court for further proceedings. For now, you should keep in mind that when a higher court affirms it means that the lower court had it right (in result, if not in reasoning). Words like reverse, remand, and vacate means that the higher court though the lower court had it wrong. http://euro.ecom.cmu.edu/program/law/08-732/Courts/howtoread... |
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