Glossary entry (derived from question below)
Spanish term or phrase:
excepción de sine actione agis
English translation:
plea of sine actione agis (general traverse claiming no cause of action)
Added to glossary by
Adrian MM. (X)
Jun 2, 2016 04:05
7 yrs ago
10 viewers *
Spanish term
Mexico
Translating full-time since 1998
Native in: English (Variant: British) 
Works in: Spanish to English
excepción de sine actione agis
Spanish to English
Law/Patents
Law (general)
Juicio de Nulidad (Mexico to UK)
Evening all. This term has given me pause for thought in a couple of respects. Firstly, I've encountered a few different ways of translating it:
General demurrer, motion to dismiss for failure to state a claim for relief, motion to dismiss based on no right of action, no cause of action or no interest in the plaintiff to institute the suit (these are all entries in Becerra's Dictionary of Mexican Legal Terminology), as well as, "denial of the complaint" in an older KudoZ entry here, which I don't think works in this case:
http://www.proz.com/kudoz/spanish_to_english/law_patents/241...
Having researched the term "demurrer" a little, I find that in the US:
"In civil cases in the United States district courts, the demurrer was expressly abolished by Rule 7(c) of the Federal Rules of Civil Procedure ("FRCP", also "Federal Rules") when the FRCP went into effect on September 16, 1938. The demurrer was replaced by the Rule 12(b)(6) motion to dismiss for failure to state a claim upon which relief can be granted."
https://en.wikipedia.org/wiki/Demurrer
So, all well and good for the "motion to dismiss for failure to state a claim" entry, IF the translation is for the US.
However,
"In civil law a demurrer as such is no longer available under the current law of England and Wales. However, two similar procedures may be employed where claims without merit need to be expeditiously dismissed.
Firstly, an application on notice can be made for summary judgment in favor of the objecting party. Secondly, the court has power to strike out the Particulars of Claim."
https://en.wikipedia.org/wiki/Demurrer
So, the question is what term to use for the UK, and is it acceptable to use "demurrer" even if the term is now obsolete, in both the UK and the US?
Here's the source text:
"Resulta improcedente e infundada la excepción de SINE ACTIONE AGIS, que opone la autoridad demandada, pues en materia administrativa aunque se haga valer esta excepción (que es aplicable en materia civil), si un particular niega lisa y llanamente en términos del artículo 42 de la Ley Federal de Procedimiento Contencioso Administrativo, la carga de la prueba, será indudablemente para la autoridad demandada."
The above paragraph is in response to the government's answer to the complaint containing the "excepción".
What do you think?
Thanks in advance.
General demurrer, motion to dismiss for failure to state a claim for relief, motion to dismiss based on no right of action, no cause of action or no interest in the plaintiff to institute the suit (these are all entries in Becerra's Dictionary of Mexican Legal Terminology), as well as, "denial of the complaint" in an older KudoZ entry here, which I don't think works in this case:
http://www.proz.com/kudoz/spanish_to_english/law_patents/241...
Having researched the term "demurrer" a little, I find that in the US:
"In civil cases in the United States district courts, the demurrer was expressly abolished by Rule 7(c) of the Federal Rules of Civil Procedure ("FRCP", also "Federal Rules") when the FRCP went into effect on September 16, 1938. The demurrer was replaced by the Rule 12(b)(6) motion to dismiss for failure to state a claim upon which relief can be granted."
https://en.wikipedia.org/wiki/Demurrer
So, all well and good for the "motion to dismiss for failure to state a claim" entry, IF the translation is for the US.
However,
"In civil law a demurrer as such is no longer available under the current law of England and Wales. However, two similar procedures may be employed where claims without merit need to be expeditiously dismissed.
Firstly, an application on notice can be made for summary judgment in favor of the objecting party. Secondly, the court has power to strike out the Particulars of Claim."
https://en.wikipedia.org/wiki/Demurrer
So, the question is what term to use for the UK, and is it acceptable to use "demurrer" even if the term is now obsolete, in both the UK and the US?
Here's the source text:
"Resulta improcedente e infundada la excepción de SINE ACTIONE AGIS, que opone la autoridad demandada, pues en materia administrativa aunque se haga valer esta excepción (que es aplicable en materia civil), si un particular niega lisa y llanamente en términos del artículo 42 de la Ley Federal de Procedimiento Contencioso Administrativo, la carga de la prueba, será indudablemente para la autoridad demandada."
The above paragraph is in response to the government's answer to the complaint containing the "excepción".
What do you think?
Thanks in advance.
Proposed translations
(English)
| 4 +2 | (UK) defence > (US) exception > of sine actione agis (no cause of action) |
Adrian MM. (X)
|
| 5 | affirmative defense (or exception) of no cause of action |
Steven Hanley (X)
|
| 3 | denial of the claim |
David Hollywood
|
References
| We've had this before. |
philgoddard
|
Change log
Jun 8, 2016 05:55: Adrian MM. (X) Created KOG entry
Jun 8, 2016 05:56: Adrian MM. (X) changed "Edited KOG entry" from "<a href="/profile/95262">Adrian MM. (X)'s</a> old entry - "excepción de sine actione agis"" to ""plea of sine actione agis (no cause of action)""
Proposed translations
+2
2 hrs
Selected
(UK) defence > (US) exception > of sine actione agis (no cause of action)
excepción is a defenc/se, objection or exception - exactly what a demurrer is or was vs. an application to strike out, plus demurrer still exists in EN criminal law.
Anyway, would be roughly akin in the UK to an application to strike out (an unmeritorious = absurd claim).
PS denial of the complaint is US-speak.
Anyway, would be roughly akin in the UK to an application to strike out (an unmeritorious = absurd claim).
PS denial of the complaint is US-speak.
Example sentence:
Definition of EXCEPTION OF NO CAUSE OF ACTION: the objection to the plaintiff's suit that is based on having no legal validity to a claim.
Note from asker:
| I'd like to go with "plea of sine actione agis (general traverse)" for the glossary, as that's what I end up using, but I'll let you decide, Adrian. |
Peer comment(s):
| agree |
Ana Claudia Macoretta
: Thank you Adrian for all your authoritative answers to Proz questions, which I come across and use almost daily!
1 day 7 hrs
|
|
Un placer and you are welcome! I hope to celebrate back at restaurante California 47 on Goya in Madrid one day - or night.
|
|
| agree |
AllegroTrans
: Defence
1 day 15 hrs
|
4 KudoZ points awarded for this answer.
Comment: "Thanks for all the input everyone, you especially Adrian, really helpful."
12 mins
David Hollywood
Native in English
Works in field
worked for int. orgs (IMF, OAS, IDB)
Native in: English
Works in: Spanish to English, German to English
Related KudoZ points
:
1245
denial of the claim
Sine actione agis no es otra cosa que la simple negación del derecho ejercitado, cuyo efecto jurídico en juicio solamente puede consistir en lo que generalmente produce la negación de la demanda, o sea arrojar la carga de la prueba al actor y obligar al Juez a examinar todos los elementos constitutivos de la acción.
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Note added at 13 mins (2016-06-02 04:18:45 GMT)
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I don't think it's any more complicated than that
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Note added at 23 mins (2016-06-02 04:28:09 GMT)
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or: right
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Note added at 13 mins (2016-06-02 04:18:45 GMT)
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I don't think it's any more complicated than that
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Note added at 23 mins (2016-06-02 04:28:09 GMT)
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or: right
Note from asker:
| Thanks, David. |
Peer comment(s):
| neutral |
AllegroTrans
: It's not that simple - it's denial on the specific ground that there is no cause of action - think about it
1 day 6 hrs
|
7 hrs
affirmative defense (or exception) of no cause of action
An "exception" in civil law is a preliminary defense. See Louisiana reference below. The closest in the common law is an "affirmative defense," which must be proved by whoever asserts it (burden of proof inverted), whose purpose is to prove that the claim does not exist. See definition of "affirmative defense" below.
Personally I would use "exception" as it is more accurate, and Louisiana uses a civil law system, as does Puerto Rico, so whatever they call it in Louisiana works.
More explanation here: http://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?articl...
Personally I would use "exception" as it is more accurate, and Louisiana uses a civil law system, as does Puerto Rico, so whatever they call it in Louisiana works.
More explanation here: http://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?articl...
Reference:
Note from asker:
| Thanks for the input, Steven. |
Peer comment(s):
| neutral |
Adrian MM. (X)
: Asker's question: (Mexico to UK). Affirmative defense doesn't work in the UK, plus the rest is a crib of my answer.//Mexico to UK and I mentioned the US fed. law term of exception before you did.
1 hr
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I didn't know you mentioned Louisiana law, but thanks for your input about plagiarism. / Sorry, but US federal law contains no references to "exceptions." Only Louisiana. And UK law does have "affirmative defences." http://uk.practicallaw.com/6-518-1993
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Reference comments
1 hr
philgoddard
United States
United States
Native in English
Specializes in field
United States
Six languages into flawless English
Native in: English
Works in: German to English, French to English, Spanish to English, and 4 more.
Related KudoZ points
:
868
Reference:
We've had this before.
.
Peer comments on this reference comment:
| neutral |
Adrian MM. (X)
: "denial of the complaint" in an older KudoZ entry here, which I don't think works in this case"
12 mins
|
| neutral |
AllegroTrans
: the older KudoZ is not helpful here
1 day 5 hrs
|
Discussion
"Except as hereinbefore expressly admitted or not-admitted, each and every paragraph of the statement of claim is denied as if set out herein seriatim."
https://en.wikipedia.org/wiki/General_denial
GENERAL TRAVERSE, pleading. One preceded by a general inducement, and denying, in general terms, all that is last before alleged on the opposite side, instead of pursuing the words of the allegations, which it denies.
cf.
GENERAL ISSUE, pleading. A plea which traverses or denies at once the whole indictment or declaration, without offering any special matter, to evade it. It is called the general issue, because, by importing an absolute and general denial of what is alleged in the indictment or declaration, it amounts at once to an issue.
http://www.constitution.org/bouv/bouvier_g.htm
I saw one reference that referred to them as synonyms. Are they? I notice "general traverse" mentions a general inducement, whereas "general issue" doesn't.
I'm inclined to translate it as a "plea of sine actione agis [general traverse]". What do you think?
https://books.google.at/books?isbn=9785120007
A General Demurrer is one which excepts to the sufficiency of a previous pleading in general terms, without showing specifically the nature of the objection; and such demurrer is sufficient, when the objection is on matter of substance.
http://www.lectlaw.com/def/d132.htm
cf.
SINE ACTIONE AGIS, EXCEPCION DE.
Cuando se opone sin expresar los hechos ni los preceptos legales que la apoyan, equivale a una negación, pura y simple, de la demanda.
http://suprema-corte.vlex.com.mx/vid/tesis-jurisprudencial-p...
I don't really see the equivalence here, a general demurrer doesn't appear to be a "denial" as such, it's really more of an "is that all the evidence you have?"
SINE ACTIONE AGIS, EXCEPCION DE.
Si el demandado opone la excepción de sine actione agis, en rigor, no opone excepción alguna, ya que esta frase latina equivale a "se demanda sin tener acción"; lo cual quiere decir, que quien contesta en esa forma, no emplea una defensa que traiga como consecuencia la detención del curso de la acción, si esa excepción es dilatoria, o la destrucción de esa misma acción, si es perentoria; y sólo equivale a negar la demanda.
http://suprema-corte.vlex.com.mx/vid/jurisprudencial-tercera...
"Denial" would appear to be the simplest answer to this, yet Adrian has mentioned that "denial of the complaint" is a US styling. In that case, what would be the UK equivalent?