Jun 8, 2013 20:28
11 yrs ago
17 viewers *
Spanish term

error de apreciación

Spanish to English Law/Patents Law (general)
Tengo confianza en la administración de justicia. De hecho, respeto el fallo, aunque no lo comparto, pues creo que existe un error grande de apreciación”, expresó el abogado de los demandantes.

My initial attempt is "error of judgment", but I wonder if that might be confused with judgment/decision in this context. Thank you in advance.

Discussion

Rosa Paredes Jun 8, 2013:
@jmf I agree with your translation. Please see reference. Saludos.
José Patrício Jun 8, 2013:
agree

Proposed translations

13 hrs
Selected

error in appraisal

This is the nearest equivalent term I think in terms of judicial errors. It can be appraisal of law or facts.

(Nig.) Ltd. v. UBA Plc. - LawPavilion Law Report - LPELR
www.lawpavilionpersonal.com/latestlawreport.jsp?suite...pk=...
But where there is an obvious or patent error in appraisal of oral evidence and ... by the trial judge of the opportunity he had in seeing and hearing the witnesses ...

DE - EUR-Lex - Simple search
eur-lex.europa.eu/Notice.do?mode=dbl&lang=en...‎
The first ground of appeal. 42 By its first ground of appeal Sodima complains that there was an error in appraisal of law and of fact by the Court of First Instance ...

STATE OF U.P versus BHIM SEN - Rishabhdara.com
www.rishabhdara.com/sc/view.php?case=122696
Case Law Search .... The impugned judgment is sustainable in the eye of law. ... narrated above, we find that the trial Judge committed no error in appraisal of ...

etc. etc.

I think error of judgment here would be wrong. It normally connates an error in conduct, as in

Law Weblog » "Exemplary" judge resigns after serious error of ...
www.sixthform.info/lawblog/?p=717
Dec 24, 2008 – The 62-year-old Recorder of Birmingham, Judge Frank Chapman, has resigned after admitting a “serious error of judgment” by phoning a ...

Introduction to Paralegal Studies: A Critical Thinking Approach - Page 133 - Google Books Result
books.google.co.uk/books?isbn=0735557551
Katherine A. Currier, Thomas E. Eimermann - 2006 - Law
They will reverse a trial court only if the appellant can prove the judge committed a clear error of judgment, lacked the authority to act, or acted with prejudice or ...

In other words error of judgment is a far wider concept than error de apreciación which relates to the appraisal made of the law or evidence.
Note from asker:
Thanks so much to everyone!
Peer comment(s):

agree María Eugenia Wachtendorff : This is it!
14 mins
Thanks Maria
disagree Rosa Paredes : this is too wide a term :(
19 hrs
no it isn't and you know that.
Something went wrong...
4 KudoZ points awarded for this answer.
27 mins

error of assessment

General Court rules that the Commission committed a manifest error of assessment in applying the private investor test in its decision approving all measures adopted by France in favour of SNCM
http://www.lexology.com/library/detail.aspx?g=811e3a1c-f353-...

he Court of First Instance rejected that argument also on the ground that there was no manifest error of assessment on the part of the Commission in the method by which the respective merits of the candidates were assessed.
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:...

"error of assessment" http://tiny.cc/h9ndyw

"grande" might well be "manifest" in this context:

"manifest error of assessment" http://tiny.cc/jbodyw
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26 mins

error of assessment

Good luck!

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Note added at 29 mins (2013-06-08 20:57:32 GMT)
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jmf, please check this source:
http://www.linguee.com/spanish-english/translation/error de ...
Peer comment(s):

agree Richard Hill
3 mins
Gracias, Richard!
disagree Rosa Paredes : Although not incorrect, it is not the idiomatic expression corresponding to the original term. Saludos.
53 mins
neutral Billh : I prefer my answer but this would not be wrong I think.
13 hrs
Something went wrong...

Reference comments

1 hr
Reference:

error of judgment

http://www.collinsdictionary.com/dictionary/english/error-of...
Ms Moore accepted yesterday that she had made a'terrible error of judgment '.
GLASGOW HERALD (2001)
One senior WHO insider said that the episode showed a ``fatal error of judgment ' on Brundtland's part.
BRITISH MEDICAL JOURNAL (2002)
This time Gullit was guilty of the gravest error of judgment by volunteering: `There was no commitment.
SUN, NEWS OF THE WORLD (1999)

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Note added at 1 hr (2013-06-08 21:52:31 GMT)
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definitions.uslegal.com › Legal Definitions Home › E‎
Error of judgment rule is a legal doctrine that says that a professional is not liable to a client for advice or an opinion given in good faith and with an honest belief ...

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Note added at 1 hr (2013-06-08 21:53:13 GMT)
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https://litigation-essentials.lexisnexis.com/.../app?...
by RE Mallen - 1981 - Cited by 10 - Related articles
The rule that an attorney is not liable for an error of judgment on an unsettled ... This Article traces the error of judgment rule from its origins through the rapid ...
Peer comments on this reference comment:

agree Adrian MM. (X) : The difference jmf may be after is with misjudgment or a miscarriage of justice
9 mins
Thanks. And yes, I agree with your understanding of jmf hesitation.
disagree Billh : This is too wide and misleading for the question term. And none of your references relate to judicial error.
12 hrs
This is the correct term. You're wrong :) Disagreeing with a reference to back up asker's own translation is taking it too far, even for you ,,,,,
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