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Fuente de Agravio

English translation: Source of error

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:fuente de agravio
English translation:Source of error
Entered by: Jorge Rascón

18:01 Aug 19, 2021
Spanish to English translations [PRO]
Law/Patents - Law (general) / Legal
Spanish term or phrase: Fuente de Agravio
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)
Jorge Rascón
Mexico
Local time: 11:49
Source of error
Explanation:
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...
Selected response from:

Robert Carter
Mexico
Local time: 12:49
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1Source of error
Robert Carter
4Source of grievance
Andrew Bramhall
Summary of reference entries provided
"source of grievance" support
Kristina Love

  

Answers


5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Source of grievance


Explanation:
Thought I'd get it in before Adrian drops by and starts lecturing us on torts;

Andrew Bramhall
United Kingdom
Local time: 19:49
Native speaker of: Native in EnglishEnglish
PRO pts in category: 97

Peer comments on this answer (and responses from the answerer)
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
Login to enter a peer comment (or grade)

10 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Source of error


Explanation:
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...

Robert Carter
Mexico
Local time: 12:49
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1372

Peer comments on this answer (and responses from the answerer)
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
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Reference comments


1 day 9 hrs
Reference: "source of grievance" support

Reference information:
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/


    Reference: http://diccionariojuridico.mx/definicion/agravio/
    https://thelawdictionary.org/article/what-can-you-do-if-a-judge-is-unfair/
Kristina Love
United States
Native speaker of: English
PRO pts in category: 4

Peer comments on this reference comment (and responses from the reference poster)
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
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