Glossary entry (derived from question below)
Spanish term or phrase:
solicitud de incompetencia
English translation:
A motion for dismissal based on the grounds of lack of legal competence
Added to glossary by
Edward Tully
Aug 21, 2009 20:36
14 yrs ago
3 viewers *
Spanish term
solicitud de incompetencia
Spanish to English
Law/Patents
Law (general)
arbitration
nos dirigimos a Ustedes con nuestro acostumbrado respeto y consideración, con la finalidad de presentar **SOLICITUD DE INCOMPETENCIA** Y FALTA DE JURISDICCIÓN DEL TRIBUNAL ARBITRAL
Proposed translations
(English)
Change log
Sep 4, 2009 08:25: Edward Tully Created KOG entry
Proposed translations
+2
47 mins
Edward Tully
Native in English
Specializes in field
Because your words matter
Native in: English (Variants: UK, US) 
Works in: Spanish to English
Related KudoZ points
:
1662
Selected
A motion for dismissal based on the grounds of lack of legal competence
1 (long-winded) option!
Peer comment(s):
| agree |
Maru Villanueva
41 mins
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thank you Maru! ;-)
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| agree |
Mónica Sauza
46 mins
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thank you Mónica! ;-)
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| agree |
Fouad El karnichi
49 mins
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thank you Fouad! ;-)
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| disagree |
Coralia Polanco
: Lack of legal competence means the person is incompetent. We are talking about a court lacking jurisdriction.
3 hrs
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no, you have completely misunderstood the sentence - "legal competence" refers to the authority of the court.
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4 KudoZ points awarded for this answer.
Comment: "Selected automatically based on peer agreement."
-1
4 hrs
Coralia Polanco
Puerto Rico
Puerto Rico
Native in Spanish
Specializes in field
Puerto Rico
Words to go translations
Native in: Spanish 
Works in: Spanish to English, English to Spanish
lacking jurisdriction
This means that it is not the right court. Maybe the lawyer wants to stress out the need for a criminal court or the other way around (civil). It could also mean that it is wrong beause it belongs in a different state or maybe a different county where that specific court has no reach, it's out of bounds.
Peer comment(s):
| disagree |
Edward Tully
: wrong - the lack of jurisdiction is not the same as lack of legal competence/authority of the court.
7 hrs
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+1
1 day 4 hrs
Richard Boulter
United States
United States
Native in English
Specializes in field
United States
USA English; a decade of experience.
Native in: English
Works in: Spanish to English, English to Spanish
Related KudoZ points
:
95
motion to dismiss, for lack of material grounds and incompetence of venue
This solution in U.S. legal jargon uses 'lack of material grounds' for 'incompetencia', meaning that the 'complaint' presented before the court does not include an issue that the law prohibits & therefore may not be presented before the judge; and
uses 'incompetence of venue' for 'falta de jurisdiccion', meaning that the court/judge in which the issue is presented does not have the power/authority to preside in the matter (either by reason of the kind of issues involved or because of the location of the court, for example.)
BUT:
A different interpretation of the source would make both parts say that the case may be valid for presenting/judgement in court, but that the court/judge may not preside in the case, for two different reasons. '...motion to dismiss for material incompetence and improper venue of the court', might be good wording if this is the meaning.
Since we lack the context about the country of origin or the target country, or any further text from the source doc, it's impossible for me to check the specific meaning of the source wording in source-country legalese or suggest reliable wording in the target country's legalese.
I hope that the suggestion is helpful, anyway.
Happy typing!!
uses 'incompetence of venue' for 'falta de jurisdiccion', meaning that the court/judge in which the issue is presented does not have the power/authority to preside in the matter (either by reason of the kind of issues involved or because of the location of the court, for example.)
BUT:
A different interpretation of the source would make both parts say that the case may be valid for presenting/judgement in court, but that the court/judge may not preside in the case, for two different reasons. '...motion to dismiss for material incompetence and improper venue of the court', might be good wording if this is the meaning.
Since we lack the context about the country of origin or the target country, or any further text from the source doc, it's impossible for me to check the specific meaning of the source wording in source-country legalese or suggest reliable wording in the target country's legalese.
I hope that the suggestion is helpful, anyway.
Happy typing!!
1 day 11 hrs
plea to the jurisdiction
Works throughout the Eng-speaking world, namely UK/US/Can etc. and has been paraphrased by the other answers, but is really a very short term of art.
A plea acts as an application or motion. And, yes falta is the lack, want or absence thereof.
Though the Texan weblink talks about subject-matter jurisdiction/ 'ratione materiae', it also refers in the UK to the territorial jurisdiction/ 'ratione loci'.
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Note added at 1 day12 hrs (2009-08-23 08:37:02 GMT)
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NB the court's inherent authority - called competence in Romance lingos - means its inherent jurisdiction, whether based on subject-matter or location.
A plea acts as an application or motion. And, yes falta is the lack, want or absence thereof.
Though the Texan weblink talks about subject-matter jurisdiction/ 'ratione materiae', it also refers in the UK to the territorial jurisdiction/ 'ratione loci'.
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Note added at 1 day12 hrs (2009-08-23 08:37:02 GMT)
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NB the court's inherent authority - called competence in Romance lingos - means its inherent jurisdiction, whether based on subject-matter or location.
Example sentence:
the trial court cannot grant the plea to the jurisdiction, ... A plea to the jurisdiction is a dilatory plea that seeks dismissal of a case for lack of subject-matter jurisdiction www.houston-opinions.com/law-plea-to-the-jurisdiction.html
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