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TOPIC 0. INTRODUCTION. LEGAL TERMS
Acquit Absolver
Advisory opinion
Opinión consultiva An opinion or interpretation of law on an abstract or hypothetical question, which does not have binding effect.
A ffi rm / uphold
Confirmar
Allegation Denuncia, acusación
Statement of fact the party intends to prove.
Answer Contestación a la demanda
Appeal Apelar To take a case to a higher court for review.
Appearance Comparecencia
Appellant Apelante, recurrente
The party that appeals a lower-court decision to a higher court.
Appellee Parte apelada The party that is interested in upholding the decision of a lower court.
Arbitrator Árbitro An impartial third party who presides over an arbitration and renders a decision for resolving a dispute.
Assignee Cesionario The party in an assignment who is receiving the property rights from the other party.
Assignor Cedente The party in an assignment who is transferring its property rights under a contract to a third party.
Bail Fianza Money or property put up with the court by the defendant to ensure that he will appear at the time of trial.
Bankruptcy Declaración de concurso
Basket Fondo In an indemnification, a provision providing for the indemnitor’s responsibility for certain losses if the losses exceed a certain amount.
Bene fi ciary Beneficiario The person to whom the settlor intends to benefit.
Boilerplate forms
Formas repetitivas
Standardized forms for repetitive transactions.
Breach Incumplimiento Failure by a promisor to perform its obligation
Brief Resumen Written summary of a case.
Burden of proof
Carga de la prueba
Cap Límite In an indemnification, a provision limiting an indemnitor’s responsibility to losses under a certain stated amount.
Case law Jurisprudencia
Challenge Recusar
Claim Reclamación Legal demand, complaint.
Class action Acción de clase A lawsuit brought by one person or group on behalf of al persons similarly situated.
Clause Cláusula A particular type of contract provision.
Common law Derecho común The collection of principles and rules, particularly from unwritten English law, that derive their authority from long-standing usage and custom from courts recognizing and enforcing those customs.
Compensator y damages
Indemnización compensatoria
Damages that replace money lost by plaintiff due to an injury.
Condition precedent
Condición suspensiva
A possible future occurrence that, if it occurs, will result in a consequence that creates an obligation, a right, a discretionary power or a situation.
Condition subsequent
Condición resolutoria
A possible future occurrence that, if it occurs, will result in a consequence that terminates an obligation, a right, a discretionary power or a situation.
Contract Contrato An agreement between two or more persons that creates an obligation to do or not to do a particular thing.
Contracting party
Parte contractual An individual or entity signing a contract.
Counsel Abogado
Counterclaim Demanda reconvencional
Court of appeal
Tribunal de apelación
The court that is higher than an ordinary trial court and has the function of reviewing or correcting the decisions of trial judges. Damages Indemnización de daños y perjuicios
Declaratory judgment
Sentencia declarativa
A court pronouncement declaring a legal right or interpretation but not ordering a special action.
Default judgment
Fallo por falta de comparecencia
Defaulting party
Parte infractora / morosa
A contracting party that is responsible for or creates a circumstance that results in a potential event of default or an event of default.
Defendant Demandado, acusado, imputado
The person against whom the plaintiff brings suit.
Delegate Delegado An individual or entity assuming the obligations of a delegating party.
Delegating party
Parte delegada The party delegating its obligations under a contract to a third party.
Dicta Sentencia The statements in the decision or judgment that only have persuasive authority.
Dismiss Desestimar An order of disposing a case or a complaint without a hearing or a trial.
Dissenting opinion
Opinión disidente An opinion or interpretation by a justice that disagrees with the result reached by the Court in a case.
Docket Orden del día
Evidence Prueba
resolving a case before the court.
Obligee or promisee
Acreedor An individual or entity entitled to performance of an obligation.
Obligor or promisor
Deudor An individual or entity undertaking a duty to carry out a performance.
Pain and su ff ering
Daños físicos y morales
Parole evidence rule
Prueba verbal A common law rule recognized in the US that states that parole evidence cannot be admitted to contradict, supplement or explain anything in a written contract. Plainti ff Demandante The person who files the complaint in a civil lawsuit.
Pleadings Alegaciones
Precedent Precedente The tradition that requires that courts follow the law as stated in decisions by earlier courts.
Punitive damages
Indemnizaciones punitivas
Damages awarded to punish someone for wrongdoing.
Remand Preventivo To send back
Restitution Restitución A remedy requiring the return of any property received by contracting parties under the contract or, if this is not possible, the monetary value of the property.
Reverse Revocar In an appellate court, to reach a decision that disagrees with the result reached in a case by a lower court.
Service of process
Procedimiento de citación
Procedure by which a party to a lawsuit gives appropriate notice of initial legal intention.
Settlor Fideicomitente A person creating a trust by transferring their property for the benefit of a third party.
Standing Legitimación Having the appropriate features to bring or participate in a case; in particular, having a personal interest and stake in the outcome.
Stare decisis The doctrine that state that principles of law established in early cases should be accepted as authoritative in similar subsequent cases.
Statute of frauds
Ley contra el fraude
A common law rule recognized in the US mandating that certain contracts are unenforceable unless recorded in a signed writing.
Statute of limitations
Prescripción y caducidad
A law that imposes a time limit for suing on a claim.
Supreme court
Tribunal Supremo Is the highest court.
Testator or testatrix
Testador The individual creating a trust in a will.
Third party Tercero An individual or entity who is not one of contracting parties.
Trustee Fideicomisario The person to whom the settlor entrusts their property.
Venue Sede, local The geographic location of the actual trial of the case.
Waive Renunciar
Writ Orden Judicial An order commanding someone to perform or not to perform acts specified in the order.
