Glossary entry (derived from question below)
Spanish term or phrase:
materias dispositivas
English translation:
dispositive motions
Added to glossary by
Luis Zepeda
May 14, 2007 22:17
17 yrs ago
4 viewers *
Spanish term
materias dispositivas
Spanish to English
Law/Patents
Law (general)
procedural law
This term from Spanish procedural law refers to evidence which is available to the parties in a lawsuit and is presented to the court on a voluntary basis. I am looking for an acceptable common law term preferably from UK law but also from US law.
Proposed translations
(English)
4 | dispositive motions |
Luis Zepeda
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5 | outcome determinative evidence; evidence that is outcome determinative |
Silvia Brandon-Pérez
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Change log
May 16, 2007 01:31: Luis Zepeda Created KOG entry
Proposed translations
2 hrs
Selected
dispositive motions
Dallas Injury Attorney - Court Motions, Personal Injury, Accident ...
If the ruling on the motion could terminate the litigation and end the dispute before trial, it is called a dispositive motion. If the ruling is on some incidental question that arises during the ...
www.dallastorts.com/court_motions.html · Cached page
If the ruling on the motion could terminate the litigation and end the dispute before trial, it is called a dispositive motion. If the ruling is on some incidental question that arises during the ...
www.dallastorts.com/court_motions.html · Cached page
Note from asker:
Thanks very much... that is useful. I know the question revolves around the "disposition principle" (principio dispositivo) which refers to the principal of an agreement between the parties in civil law being enough to end the proceedings. I believe that in this case we are referring to matters/evidence that the parties can freely decide to bring to court. |
Peer comment(s):
neutral |
Silvia Brandon-Pérez
: Perdón, pero estoy no tiene que ver con evidencia.
11 hrs
|
4 KudoZ points awarded for this answer.
Comment: "Thanks very much"
13 hrs
outcome determinative evidence; evidence that is outcome determinative
the destroyed evidence provided respondent's "only hope for exoneration," App. to Pet. for Cert. 15, and was " 'essential to and determinative of the outcome of the case,' " App. to Pet. for Cert. 16 (quoting Newberry, supra, at 315, 652 N. E. 2d, at 291).
We also disagree that Youngblood does not apply whenever the contested evidence provides a defendant's "only hope for exoneration" and is " 'essential to and determinative of the outcome of the case.' " App. to Pet. for Cert. 15-
16 (citing Newberry, 166 Ill. 2d, at 315, 652 N. E. 2d, at 291).
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&na...
In matters involving the admission of evidence, we "will reverse only if the error was so prejudicial that it deprived the defendant of a fair trial." State v. Hayes, 113 S.W.3d 222, 226 (Mo.App. E.D. 2003). In general, the issue is whether the evidence was "outcome determinative," that is whether the erroneously admitted evidence so influenced the decision maker that, when considered with and balanced against all the evidence properly admitted, there is a reasonable probability that the decision maker would have reached a different conclusion but for the erroneously admitted evidence. State v. Driscoll, 55 S.W.3d 350, 356 (Mo. banc 2001).
http://www.courts.mo.gov/courts/pubopinions.nsf/8e937ac7ce03...
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Note added at 20 hrs (2007-05-15 18:54:12 GMT)
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"Una previsión de esta naturaleza carece de valor tratándose de materias dispositivas."
If it refers to the electronic signature having little value, materias dispositivas here means 'subjects or issues that are outcome-determinative', en otras palabras, que influyen en el resultado del caso. What I meant is that 'materias dispositivas' was not necessarily evidence 'available to the parties,' and it does not. "Materias" here refers to a topic or subject; dispositiva is outcome-determining.
We also disagree that Youngblood does not apply whenever the contested evidence provides a defendant's "only hope for exoneration" and is " 'essential to and determinative of the outcome of the case.' " App. to Pet. for Cert. 15-
16 (citing Newberry, 166 Ill. 2d, at 315, 652 N. E. 2d, at 291).
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&na...
In matters involving the admission of evidence, we "will reverse only if the error was so prejudicial that it deprived the defendant of a fair trial." State v. Hayes, 113 S.W.3d 222, 226 (Mo.App. E.D. 2003). In general, the issue is whether the evidence was "outcome determinative," that is whether the erroneously admitted evidence so influenced the decision maker that, when considered with and balanced against all the evidence properly admitted, there is a reasonable probability that the decision maker would have reached a different conclusion but for the erroneously admitted evidence. State v. Driscoll, 55 S.W.3d 350, 356 (Mo. banc 2001).
http://www.courts.mo.gov/courts/pubopinions.nsf/8e937ac7ce03...
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Note added at 20 hrs (2007-05-15 18:54:12 GMT)
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"Una previsión de esta naturaleza carece de valor tratándose de materias dispositivas."
If it refers to the electronic signature having little value, materias dispositivas here means 'subjects or issues that are outcome-determinative', en otras palabras, que influyen en el resultado del caso. What I meant is that 'materias dispositivas' was not necessarily evidence 'available to the parties,' and it does not. "Materias" here refers to a topic or subject; dispositiva is outcome-determining.
Note from asker:
sorry that you find the question makes little sense. I believe it refers to evidence available to the parties. The context is electronic evidence. The sentence comments on art. 3 of the Law of Electronic Signature which in the author's opinion is a poorly drafted provision (as it suggests that the electronic signature is sufficient to uphold the substance of the contractual agreement between the parties) "Una previsión de esta naturaleza carece de valor tratándose de materias dispositivas." |
Point taken about the evidence, however the electronic signature is presented as evidence to substantiate the claims of one of the parties and the contentious art. 3 of the Law of Electronic Signature suggests that the content of the signed document, which might contain questions or matters that are contested by one of the parties, is also valid evidence. |
Discussion
Would you mind renouncing your 4 points... I really did mean to award them to Sivianantonia and according to the ProZ moderator you must first agree to hand back the points.
Thanks for you help.