Glossary entry

Spanish term or phrase:

fuente de agravio

English translation:

Source of error

Added to glossary by Jorge Rascón
Aug 19, 2021 18:01
2 yrs ago
22 viewers *
Spanish term

Fuente de Agravio

Spanish to English Law/Patents Law (general) Legal
It is a file about an Appeal being filed against an order to bind over for further proceedings decreed by a Supervisory Judge.

There are practically two sections which are:

- Fuente de Agravio
- Agravios (which covers which 4 and a half pages)
Change log

Sep 16, 2021 02:52: Jorge Rascón Created KOG entry

Proposed translations

+1
10 hrs
Selected

Source of error

In Mexican appeal proceedings, an "agravio" refers to an alleged "error" of the lower court, i.e., one of the bases for relief on which the appeal is filed.

"Assignment Of Errors
A statement by the appellant of the errors alleged to have been committed in the lower court is an assignment of errors, a type of appellate PLEADING used to point out to the appellate court the grounds for review."

https://law.jrank.org/pages/4375/Appeal-Assignment-Errors.ht...

"A fundamental principle of appellate practice is that a trial court’s error cannot support reversal unless it was prejudicial. When an error results in the admission of evidence, the record will generally show the error’s impact.
...
Jury instructions are such a fertile source of error that they are one of the first places an appellate lawyer looks to for a basis for reversal."

Los Angeles Lawyer’s Survival Guide for New Attorneys 2011, p. 57

"Under Cain, the factors that the court should consider in determining whether error was harmless include (1) source of error; (2) nature of error; (3) whether or to what extent it was emphasized by State; (4) error's probable collateral implications; (5) how much weight juror would probably place on error; and (6) whether declaring error harmless would encourage the State to repeat it with impunity."
www.txcourts.gov/FAll_Archived_Documents/14thCOA/Case/Opini...
Peer comment(s):

agree Sandro Tomasi
8 hrs
Thanks, Sandro.
disagree Andrew Bramhall : To counterbalance Sandro's spiteful disagrees, nothing personal Robert;
7 days
Do you realize how absurd that sounds, Oliver?
agree AllegroTrans
22 days
Something went wrong...
4 KudoZ points awarded for this answer.
5 hrs

Source of grievance

Thought I'd get it in before Adrian drops by and starts lecturing us on torts;
Peer comment(s):

agree Kristina Love : See reference. :)
1 day 4 hrs
Thank you!
disagree Sandro Tomasi : Said reference does not apply here.
2 days 18 hrs
I didn't post any references;
neutral AllegroTrans : Your "explanation" only insults
22 days
Something went wrong...

Reference comments

1 day 9 hrs
Reference:

"source of grievance" support

The following link to a Mexican legal dictionary contains six definitions of "agravio" in Spanish that all appear to be related to damage, injury, offense, violation of rights, etc. due to a judge's conduct or ruling.
http://diccionariojuridico.mx/definicion/agravio/

"Los agravios son la lesión o perjuicio que recibe una persona en sus derechos o intereses por virtud de una resolución judicial." https://tareasjuridicas.com/2017/06/25/como-se-califican-a-l...

The following link to an article on "The Law Dictionary" website in English discusses the procedure for when a judge is unfair, including filing a grievance:
https://thelawdictionary.org/article/what-can-you-do-if-a-ju...

In a legal context, the three Spanish to English dictionaries I checked (linguee, wordreference, diccionario.reverso.net) give "grievance" or "tort" as the translation of "agravio."

The definition of agravio according to rae.es:
2. m. Perjuicio que se hace a alguien en sus derechos e intereses.

The definition of "grievance" according to Black's Law Dictionary:
"What is GRIEVANCE?
1. In Law, this is (1) a complaint due to injury, injustice, or wrong."
https://thelawdictionary.org/grievance/
Peer comments on this reference comment:

disagree Sandro Tomasi : Context is an appeal against a lower court's order. Grievance could address administrative matters against a judge, but her rulings/decicions would be appealed as an error: 2. A mistake of law or of fact in a tribunal’s judgment, opinion, or order (BLD).
1 day 14 hrs
agree Andrew Bramhall
2 days 14 hrs
neutral Robert Carter : Sandro's right here, Kristina, in US appeals they're referred to not as "grievances" but "errors." Have a look at some US appeals to see how "error" is used in this context (you'll likely not find a list of "grievances" but rather one of "errors").
7 days
Something went wrong...
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