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Apr 21, 2018 02:05
6 yrs ago
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Spanish term

Habitantes de Jericó tutelarán derecho a prohibir la minería en su territorio

Spanish to English Law/Patents Law (general) Rights
The part that I need to find a good correlation to is "tutelaran derecho". This is referring to a special kind of legal action in Colombia to enforce the protection of constitutional rights. I have translated it in the past as filingg for protection of rights, but I am not sure if this would be the best term.
Proposed translations (English)
4 Jerico inhabitants will protect their right to prohibit mining works in their territory.
4 Inhabitants of Jerico seek injunction to prohibit mining on their land(s)/in their territory
4 Residents of Jericó issue (amparo) proceedings to have mining prohibited in their territory
3 will invoke their constitutional right to prohibit....
References
writ for the protection of constitutional rights / writ of prohibitory injunction

Discussion

AllegroTrans May 12, 2018:
And what if.... the prohibition is effectively an administrative order and the country concerned reserves the term "injunction" for civil law cases that are not before the administrative courts?
Again I warn; localization can be harmful to your health
Marcelo González Apr 26, 2018:
Exactly ... ...which means that the residents, actually, are not the ones prohibiting anything. What they is petition a court, which decides whether to prohibit by issuing an injunction or granting "injunctive relief" (see my note on this term, which might be useful, as well.
Meridy Lippoldt Apr 26, 2018:
an injunction must be issued by a court order as defined by Black's Law Dictionary
Marcelo González Apr 26, 2018:
In the U.S., whether there is a constitutional... ...issue or not, the remedy in this case is clear: it would be an injunction. If an "amparo" is used to obtain the same type of result, i.e., to prohibit a corporation or other entity from engaging in certain activities, even if only temporarily, its equivalent in the U.S. system would be an injunction. That said, it would be helpful to know the target audience.
Meridy Lippoldt Apr 26, 2018:
Frderick Fuller a former revisor for the UN shares this advice on the use of technical terminology in his "A Handbook for Translators": A more or less literal translation may make. the expert smile, but he will have no difficulty in recognizing the sense...whereas a wrong term may mislead him." My 2 cents worth....
AllegroTrans Apr 26, 2018:
Yes Marcelo but this is not the appropriate term for the relief granted in an "amparo" case. The two systems are entirely different
Marcelo González Apr 26, 2018:
Injunctions are commonly sought... ...in the U.S. to prevent corporations from carrying out certain actions.
Robert Carter Apr 23, 2018:
I agree with Chris, an injunction is a common-law remedy. Translating this as injunction may be okay if this is a newspaper article, but it's probably confusing and therefore unwise to use it in a legal document.
AllegroTrans Apr 23, 2018:
Restraining order or injunction.... ...may (or may not) be what is appropriate in the US, but this is not from the US. The "prohibition" is granted under the "amparo" procedure which does not exist in the US. Beware of "localization" with terms across jurisdictions, and most espcially between Civil Code and Common Law countries.
Meridy Lippoldt Apr 21, 2018:
another perspective is to translate this as applying for a "temporary restraining order" as in "US District Court Judge on Friday granted a temporary restraining order against the National Endowment for the Arts , allowing Allan Monga to attend the NEA's Poetry Out Loud competition beginning Monday in Washington D.C."
AllegroTrans Apr 21, 2018:
an injunction Is something else entirely
Daniel Reyes (asker) Apr 21, 2018:
In the Colombian legal system a "Tutela" is a special legal action any citizen can undertake. It is presented before a Judge, and the court has 90 days to rule on it, and it is used to defend a person's right to health care (Judges order medical treatment to be made available to the person), education, work, free development, free speech, etc.

I'm leaning more towards injunction than writ.
Meridy Lippoldt Apr 21, 2018:
Yes..writ may be the right concept. Black's Law Dictionary describes amparo as in Spanish-American law, a document issued to a claimant of land as a protection to him, until a survey can be ordered, and the title of possession issued by an authorized commissioner
Daniel Reyes (asker) Apr 21, 2018:
Thanks, I will read more on it, and might update this post if I find something useful.
lorenab23 Apr 21, 2018:
Hi Daniel The little that I know about the subject, tutelar same as interponer acción de tutela, maybe this glossary entry can help you
https://www.proz.com/kudoz/spanish_to_english/law_general/98...

Proposed translations

16 mins

will invoke their constitutional right to prohibit....

Declined
this is like amparo or the invocation of constitutional rights to obtain an objective
Peer comment(s):
neutral Marcelo González : I'm not so sure the inhabitants or residents have a right "to prohibit," as such. Wouldn't that be done through a judicial ruling, signed off by a judge?
5 days
Something went wrong...
5 hrs

Jerico inhabitants will protect their right to prohibit mining works in their territory.

Declined
Simply and literally, in this case.
Peer comment(s):
neutral Marcelo González : I don't see the inhabitants or residents as having "their right to prohibit," as such; instead, they would have a right to petition the courts with a view to seeking a remedy.
5 days
Something went wrong...
5 days

Inhabitants of Jerico seek injunction to prohibit mining on their land(s)/in their territory

Declined
At least in the U.S., an injunction is a court order to prevent persons or entities (including governments) from carrying out certain actions.

Here are just a few examples from the first page of results.
[PDF]INJUNCTIVE RELIEF AFTER EBAY V. MERCEXCHANGE By Robert ...



https://sunsteinlaw.com/media/RMA_Hot_Topics_2007.pdf






May 15, 2006 - permanent **injunction to prohibit continued infringement** by an adjudicated patent infringer. Given the importance of a ... eBay Inc. v. MercExchange L.L.C., 126 S.Ct. 1837, 1839 (2006). The Supreme Court analyzed and rejected the application of the four-factor test by the district court in MercExchange ...

Injunctions against repeating specific libelous statements - The ...
https://www.washingtonpost.com/news/volokh-conspiracy/.../in...
Dec 21, 2015 - He said he'd “grant a narrow and limited **injunction to prohibit [the defendant] from continuing** and reiterating the same libelous and defamatory charges he and his company have made against [the plaintiff]….

WORLDWIDE MOVING STORAGE INC v. DISTRICT OF COLUMBIA ...
caselaw.findlaw.com › Caselaw › United States › US DC Circuit
Apr 14, 2006 - Worldwide Moving and Storage, Inc. (Worldwide) filed this action seeking an **injunction to prohibit the District of Columbia (District or D.C.) from imposing** a surety bond requirement on a federally licensed motor carrier or its employees, contending such a requirement is preempted by federal law. The district ...

467 F.2d 1087 - K-2 SKI COMPANY, a corporation, Plaintiff-Appellee ...
www.freelawreporter.org/flr3d/f2d/467/467.F2d.1087.26008.ht...
K-2 Ski Company commenced this action for a permanent **injunction to prohibit Head Ski Co., a competitor, from wrongfully procuring and exploiting** K-2's trade secrets. 2. The matter is here on Head's appeal from the order of the District Court granting K-2 a preliminary injunction against Head and William Crocker, K-2's ...

A restraining order is more about preventing someone from being within a certain distance from another person, often a spouse who might feel threatened.

Habitantes de Jericó tuterlarán derecho a prohibir la minería = Inhabitants of Jerico seek injunction (or "invoke rights in seeking injunction) to prohibit mining (operations) in their territory


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Note added at 5 days (2018-04-26 19:45:32 GMT)
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"injunction to prohibit" + corporation from
About 254,000 results (0.48 seconds)
https://www.google.hn/search?ei=YyjiWqH-Barl5gKvlojgBw&q="in...

--------------------------------------------------
Note added at 5 days (2018-04-26 23:25:19 GMT)
--------------------------------------------------

Or with the indefinite article (an): "...an injunction...": "Inhabitants/residents of Jerico seek an injunction..." or "Jerico residents..."

Ya que el texto fuente dice, "tutelarán derecho" sin el artículo definido "el", me pregunto si se trata de un titular de prensa; en ese caso, me parece que sin "an" seria lo más adecuado, tal y como lo he propuesto aquí.

Espero que le sirva, Daniel. Y saludos desde Honduras :-)

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Note added at 5 days (2018-04-27 00:10:29 GMT)
--------------------------------------------------

Daniel: Al leer de nuevo su intervención en Discusión, creo que la mejor traduccíon bien podría ser algo como:

"invoke their right to petition (the court) for an injunction/injunctive relief to prohibit mining on their lands/in their territory"

injunctive relief. n.
n. a court-ordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition to the court for an injunction. Such an act is the use of judicial (court) authority to handle a problem and is not a judgment for money. Whether the relief will be granted is usually argued by both sides in a hearing rather than in a full-scale trial, although sometimes it is part of a lawsuit for damages and/or contract performance. Historically, the power to grant injunctive relief stems from English equity courts rather than damages from law courts.
Injunctive relief - Legal Dictionary | Law.com
https://dictionary.law.com/Default.aspx?selected=963
Peer comment(s):
neutral AllegroTrans : all very well for US (and UK for that matter) but this is from a Civil Law country that has a highly developed Administrative Law system which is totally different to the US
17 days
I´ve read your comments here and in Discussion, but I´m not so sure I see the problem. Can there not be different types of injunctions? This is the word that would be used in the US.
Something went wrong...
21 days

Residents of Jericó issue (amparo) proceedings to have mining prohibited in their territory

See all discussion points
Peer comment(s):
neutral Marcelo González : If the target audience is or includes the U.S., I wouldn´t use a phrase such as "issue proceedings." It sounds strange, at best. I suppose "initiate (legal) proceedings" would be an option though.
2 days 1 hr
Yes, "initiate/commence (legal) proceedings/action" perfectly OK as well, thanks
Something went wrong...

Reference comments

1 hr
Reference:

writ for the protection of constitutional rights / writ of prohibitory injunction

accion de tutela (Colombia) > writ for the protection of ... - ProZ.com
https://www.proz.com/kudoz/spanish_to_english/law_general/98...
The crowning event undermining the rule of law is the Government's proposal to reform the justice system, preventing the protection of economic, social and cultural rights being invoked through the legal system, eliminating the Acción de Tutela (writ of injunction), and restricting the powers of the Constitutional Court to ...

Tutela Legal > Legal Protection Office - ProZ.com
https://www.proz.com/kudoz/spanish_to_english/history/584105...
May 2, 2015 - (KudoZ) Spanish to English translation of Tutela Legal: Legal Protection Office [Account of the 1981 massacre in El Mozote, El Salvador - History].

tutela judicial efectiva para reclamar el derecho a - ProZ.com
https://www.proz.com/kudoz/.../1016820-tutela_judicial_efect...
Apr 28, 2005 - (KudoZ) Spanish to English translation of tutela judicial efectiva para reclamar el derecho a: effective protection of the court (or due process) in order to assert their rights [Law: Contract(s) (Law/Patents)].

tutela judicial efectiva > effective judicial protection - ProZ.com
https://www.proz.com/kudoz/spanish_to.../law.../523450-tutel...
Sep 17, 2003 - (KudoZ) Spanish to English translation of tutela judicial efectiva: effective judicial protection [Law/Patents].

civil practice and remedies code chapter 65. injunction - Texas ...
www.statutes.legis.state.tx.us/Docs/CP/htm/CP.65.htm
OPERATION OF WELL OR MINE. (a) A court may issue an injunction or temporary restraining order prohibiting subsurface drilling or mining operations only if an adjacent landowner filing an application claims that a wrongful act caused injury to his surface or improvements or loss of or injury to his minerals and if the party ...

Injunctions in Common Law (Chapter 10) - Injunctions Against ...
https://www.cambridge.org/core/books/injunctions...in.../inj...
Nov 17, 2017 - Common law also distinguishes between mandatory and prohibitory injunctions. While a mandatory injunction commands the defendant to carry out a specific act, a prohibitory injunction restrains him from doing something.

Prohibitory injunctions: a quick guide | Practical Law
https://uk.practicallaw.thomsonreuters.com/2-211-3117
A prohibitory injunction is an order that requires a party to refrain from doing a specific act. A prohibitory injunction may be either: Interim: that is, a provisional measure taken at an early stage in the proceedings which remains in force until discharged by the court.
Peer comments on this reference comment:
agree Marcelo González : Interesting slight difference between UK and US usage, "prohibitory injunction" (UK) -- very useful, indeed.
5 days
agree AllegroTrans
21 days
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