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Legal Terms For Interpreters > Spanish Legal Terminology > Flashcards

Spanish Legal Terminology Flashcards

1
Q

Abeyance

A

Legal meaning: Interest in property waiting to be claimed; not yet claimed by anyone
En español: pendiente, indeterminado

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2
Q

Aforethought

A

Premeditated; planned with malicious intent (Example: “malice aforethought” - a criminal act planned with malicious intent)
En español: premeditado, deliberado

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3
Q

accessory

A

A person who assists the primary criminal actor BEFORE or AFTER the primary felony is committed; typically, the person charged as an “accessory” was not present when the primary felony was committed.
En español: cómplice

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4
Q

accessory before the fact

A

a person who assisted the primary criminal before the primary felony was committed, typically by procuring supplies or enlisting others to assist.

En español: cómplice instigador

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5
Q

accessory after the fact

A

a person who is charged with assisting the primary criminal actor after the primary felony was committed (by concealing/destroying evidence, by helping with escape). A person charged as an “accessory after the fact” probably had no knowledge of the crime until after it was committed but decides, after learning about the crime, to help the primary criminal actor.

En español: encubridor

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6
Q

accomplice

A

a person who is charged with helping the primary criminal actor to commit the felony; a person who is charged as an accomplice was usually present during the commission of the felony. (e.g. serving as the lookout, creating a distraction)

En español: cómplice

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7
Q

Defendant (criminal case)

A

En español: acusado

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8
Q

acquire title to

A

To gain title to real property

En español: adquirir título

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9
Q

acquit

A

In criminal trials: to find the defendant “not guilty”

En español: absolver

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10
Q

acquittal

A

In a criminal trial, the result when the defendant is found not guilty.

En español: absolución

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11
Q

adjourn

A

En español: aplazar, levantar (la sesión)

to put off the hearing or meeting to another day

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12
Q

aid and abet

A

En español: ayudar / facilitar e incitar

to knowingly assist, encourage, or urge on someone to commit a crime

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13
Q

alias

A

En español: alias, nombre supuesto, conocido por otro nombre

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14
Q

alibi

A

En español: coartada, defensa

a defense to a criminal charge: evidence that shows that the accused person could not have committed the crime because the accused person was elsewhere when the crime occurred

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15
Q

Answer

A

En español: respuesta, contestación; contestación de la demanda

A formal response to a complaint (filed by the plaintiff to initiate a law suit) that is filed by the defendant. A complaint sets out each separate allegation upon which the plaintiff’s claim for relief is based; in the “answer”, the defendant responds to each allegation by either admitting or denying the allegation or by stating that he/she has insufficient knowledge of allegation to either admit or deny.

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16
Q

anti-injunction law

A

En español: ley contra interdictos judiciales

An injunction is an order issued by a court requiring the responding party to either DO or REFRAIN FROM DOING and certain act. I suspect and anti-injunction law would be a law that prohibits the court from issuing and injunction related to specific actions or specific circumstances.

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17
Q

Alimony

A

En español: alimentos, pensión alimenticia

In a divorce action, monthly payment ordered to be made to a spouse (traditionally the wife) by the other spouse for the spouse’s support while the divorce is pending and after. Indiana is not an “alimony state”, so, under Indiana law (expect under specific circumstances), neither spouse is entitled to on-going financial support from the other spouse after the divorce is finalized.

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18
Q

Allocation

A

En español: asignación

something set apart for a particular purpose

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19
Q

appeal (to)

A

En español: apelar

To file an appeal to the Court of Appeals or Supreme Court

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20
Q

arraignment

A

En español: instrucción de cargos; acusación; proceso; denuncia; presentación al tribunal; lectura
de acusación, información de los cargos

In Indiana, we call this the “initial hearing;” the initial court appearance of a person who is charged with a crime during which the defendant is : (a) informed of the specifics charges filed against him, (b) informed of his constitutional rights, (c) entering an initial plea of “not guilty”

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21
Q

arrest warrant

A

En español: mandamiento de arresto; orden de arresto

In a criminal case, an order issued by a judge for a person who has been charged with a crime to be arrested; the order is issued after the judge reviews a “probable cause affidavit” and make a finding of “probable cause” to believe the person to be arrested has committed a crime.

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22
Q

attachment proceedings

A

En español: diligencia de embargo; secuestro

the seizure and taking into custody of the law of property of a party to a law suit, either to acquire jurisdiction, to secure possession of property which is in controversy or to create security for a debt which is in controversy. The judge issues a writ or order of attachment.

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23
Q

bind over for trial

A

En español: consignar para juicio

In some states, after arraignment, the defendant can request a “probable cause hearing” during which the prosecutor is required to present testimony or evidence to establish probable cause to believe that the defendant has committed a crime. When the judge finds that probable cause has been established, the defendant is “bound over for trial” — this means that the defendant can be held in custody or on bond while awaiting trial.

24
Q

body attachment

A

En español: arresto (para obligar a comparecer a una persona citada como testigo)

This is type of arrest warrant that is issued in a civil case when a party has willfully refused to comply with a court order.

25
Q

burglary

A

En español: entrar a una casa o cualquier edificio o estructura con la intención de cometer allgún delito mayor o un robo; escalamiento

In Indiana, the crime of “burglary” is defined as breaking and entering a building of another person with the intent to commit a felony or theft therein.

26
Q

caveat (Latin)

A

En español: advertencia

Examples: “caveat emptor”: (let the buyer beware) buyer alone is responsible for checking the quality and suitability of goods before a purchase is made; “caveat venditor”: (let the seller beware) he person selling goods is accountable for providing information about the goods to the seller.

27
Q

chattels

A

En español: bienes muebles, enseres

Property including furniture, automobiles, animals, leases; can refer to certain types of interest in land/real estate

28
Q

circunstancial evidence

A

En español: prueba circunstancial

This is the opposite of “direct evidence”; evidence that tends to prove a larger fact by proving a series of other related facts which, when combined, point to only one conclusion: that the larger fact is true

29
Q

Change of venue

A

En español: traslado de lugar de un juicio

Venue refers to the proper location where a legal action should be filed. In state courts, it usually refers the county where the action should be filed. A party to a legal can file a motion to change the venue (usually the county) where the trial in action will be held.

30
Q

Complaint

A

En español: denuncia; demanda; queja, querella agravio

This term refers to the document that is filed with the court to initiate a legal action; it can be used in the context of both civil actions and criminal actions; in Indiana, a criminal complaint is usually called a “charging information” or “information”

31
Q

Comity

A

En español: cortesía entre cortes de una jurisdiccion con las de otra jurisdiccion

This term refers to legal reciprocity; the court of State A extends “full faith and credit” to a finding/judgment made by a court of State B (e.g. a couple divorces in Florida and husband is ordered to pay alimony to wife; husband moves to Indiana to get out of paying alimony because Indiana law doesn’t allow alimony; wife can still get Indiana court to order husband to keep paying alimony to wife based on principle of “judicial comity”)

32
Q

Commutation

A

En español: conmutación, cambio o ajuste de sentencia

This term refers to reducing or lessening a sentence or punishment resulting from a criminal conviction; the order is typically issued by the governor of the state or the president of the United States

33
Q

Continuance

A

En español: continuación, poposición, aplazamiento

A postponement of a trial or hearing scheduled in a legal case.

34
Q

Continue

A

En español: aplazar; prolongar; posponer; continuar; postergar

To postpone a hearing or trial in a legal case

35
Q

Contributory negligence

A

En español: negligencia contribuyente, imprudencia

This term is primarily used in a civil lawsuit when the plaintiff alleges that the defendant’s negligent act caused injury to the plaintiff; contributory negligence is when the defendant argues that the plaintiff’s injury was really caused the plaintiff’s own negligent act(s), and therefore the defendant should not be made to pay for the plaintiff’s damages

36
Q

Damages

A

En español: daños y perjuicios

This term refers to the sum of money a defendant who is found to be “at fault” for the plaintiff’s losses or injuries is ordered to pay to the plaintiff in a civil lawsuit. Damages can be “compensatory (or “actual”) “special”, or “punitive”. Compensatory damages are based upon the amount that the plaintiff is able to prove that he/she lost a result of the injury (e.g. medical expenses); “special damages” refers an amount awarded to the plaintiff for “pain and suffering”; and “punitive damages” can only be awarded in certain types of civil cases to punish the defendant for intentionally bad behavior.

37
Q

Counterclaim

A

En español: la contrademanda, la contradenuncia, la reconvención

In a civil lawsuit when a plaintiff is seeking an order for defendant to pay damages to plaintiff for a loss/injury caused by the defendant, the defendant can file a “counterclaim” against the plaintiff in the same court case that seeks an order for plaintiff to pay damages to defendant based on losses/injury suffered by the defendant and caused by the plaintiff. (Plaintiff to Defendant: You hurt me! Defendant to Plaintiff: No, YOU hurt ME!)

38
Q

Covenant

A

En español: pacto, acuerdo

An agreement usually entered into by a group of people

39
Q

breaking and entering

A

En español: escalamiento; allanamiento de morada

Context: in most state statutes, this is a element of the crime of Burglary. The prosecutor is required to proved that the defendant entered the building/structure by “breaking” (e.g.by opening a closed outer door or window)

40
Q

damages (award of)

A

En español: reparación o indemnización por daños y perjuicios

Context: In a civil law suit, the plaintiff requests that the jury, after finding the defendant at fault for the plaintiff’s loss, award plaintiff damages (to compensate plaintiff for his/her loss)

41
Q

decedent

A

En español: el difunto, el finado, el muerto, el fallecido

Context: this term comes up in probate cases (cases that address the distribution of a person’s estate (property) according to the person’s will after he/she dies). The decedent is the person who died.

42
Q

default judgment

A

En español: fallo en rebeldia, fallo por falta de comparecencia; juicio en rebeldía

Context: In a civil lawsuit, after the defendant receives a copy of the civil complaint filed by the plaintiff, defendant is required to file an “answer” to the complaint within a specific amount of time. If the defendant fails to file the “answer”, the plaintiff can request and the court can enter a “default judgment” or “judgment by default”. This results in the plaintiff getting the judgment he/she is seeking without proving his/her case at trial.

43
Q

delinquency

A

En español: delincuencia; culpa; morosidad o atraso (en efectuar pagos)

Context: refers to a proceeding in which a child (under the age of 18) is charged with a crime. In Indiana, a criminal offense committed by a child is called an “act of delinquency.” If the act is proven at trial, the court enters a “true finding” rather than a conviction; the juvenile “true finding” is not a criminal conviction under Indiana law.

44
Q

demurrer

A

En español: objeción, excepción

Context: this is a really old legal term that is not really used anymore. Sometimes the term comes up in old appellate court decisions.

45
Q

detainer

A

En español: order de detención; detención

Context: an order that requires the offender to be held in custody, often for the purpose of allowing officers from another jurisdiction where the offender has a pending criminal case to come and pick up the offender and take him/her back to other jurisdiction

46
Q

discharge (the)

A

En español: la liberación; eldescargo; el finiquito

Context: in most states, the prosecutor/state has a limited amount of time in which it must bring the defendant to trial on the offenses charged. If the this time period is exceeded, the court must “discharge” the case which results in a permanent dismissal of the criminal case (case cannot be refilled) and release of the defendant

47
Q

discovery

A

En espanol: (law) revelación

Context: this term refers the various procedures used prior to trial to obtain evidence and information needed to present a party’s case at trial; depositions, interrogatories, requests for production of documents, and requests for admissions are all collectively referred to as discovery

48
Q

due process

A

En español: proceso legal, debido procedimiento legal

Context: this is a shortened version of “due process of law” which is a fundamental right protected by the U.S. Constitution; it refers to each individuals right to have full access to the court system and full opportunity to prosecute or defend a claim in the court system. The due process clause requires that a person is provided with a hearing before the person can be deprived of liberty or property.

49
Q

entrapment

A

En español: trampa

Context: this is a type defense that is often used in criminal cases where the defendant is charged with dealing in contraband or conspiring to deal in contraband; the defendant asserts that he/she engaged in the criminal conduct only after being persuaded to do so by an undercover agent working with the police.

50
Q

equal protection:

A

En español: derecho a un igual trato bajo la ley

Context: the full phrase is “equal protection of the laws.” This refers to a fundamental right created by the 14th Amendment the COTUSA; it requires every person to be treated equally by the law; it prohibits Congress and state legislatures from enacting laws that discriminate against a specific group of individuals

51
Q

escrow

A

En español: plica, fideicomiso, depósito en garantiá

Context: “escrow account” or “property held in escrow”; it refers to the practice of having a 3rd party keep money or property while a sale/transaction between 2 parties is pending; the money or property is transferred to the receiving party only when a condition specified by the 2 parties has been fulfilled.

52
Q

estate

A

En español: bienes, propiedad; herencia, bienes hereditarios

Context: the collection of property, financial assets, and debts owned by a person who has died (e.g. “decedent’s estate”) or by a couple in a divorce proceeding (e.g. “marital estate”)

53
Q

estoppel

A

En español: impedimento, exclusión, preclusión

Context: some examples of common phrases: 1) as verb, “the plaintiff is estopped from presenting the argument. . .” 2) as noun, “equitable estoppel”, “collateral estoppel”, “estoppel by deed”, “promissory estoppel” (the distinctions between the types of estoppel are pretty complex, so you don’t need to know them)

54
Q

exclusionary rule

A

En español: regla de exclusión

Context: this term would typically come up in criminal cases; it is a rule that requires any evidence that was obtained by the police in violation of the defendant’s constitutional rights be to excluded from trial.

55
Q

execution (of a document)

A

En español: otorgamiento; legalización

Context: when a person or persons sign a document with the intent of making the provisions of the document enforceable. (e.g. “execution of a will”, “execution of the contract”, “execution of the final settlement agreement”)

56
Q

execution (of judgment)

A

En español: ejecución o cumplimiento (de la sentencia o del fallo)

Context: 1) in civil cases: to an official document that directs a sheriff to take possession of a judgment debtor’s property so that it either (a) may be turned over to the judgment creditor or (b) may be sold at public sale so that the proceeds may be turned over to the judgment creditor.

57
Q

forgery

A

En español: falsificación

Context: In Indiana the crime of “forgery” is defined as:
1) making, uttering (presenting to another person), possessing a written instrument
2) with intent to defraud
3) while representing that it was made:
— by another person;
— at another time;
— with different provisions; or
— by authority of one who did not give authority;

Legal Terms For Interpreters (1 decks)

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