Glossary entry

Spanish term or phrase:

mocion dispositiva

English translation:

dispositive motion

Added to glossary by Janet Ross Snyder
Mar 11, 2009 23:28
15 yrs ago
24 viewers *
Spanish term

mocion dispositiva

Spanish to English Law/Patents Law (general)
En esa misma fecha, el Tribunal de Primera Instancia emitió una segunda orden en relación a la oposición a la solicitud de certificación presentada por la codemandada "Compañía" (Puerto Rico) Limited, y en la cual indicó que, "por razones lógicas no se resolverá la solicitud de certificación de pleito de clase hasta tanto se resuelvan LAS MOCIONES DISPOSITIVAS". Ap., págs. 99-99
Proposed translations (English)
4 +2 dispositive motion
3 (PR) motion for early case disposal

Discussion

Maria Kisic Mar 16, 2009:
Glad to have been of help. Thanks for the points!

Proposed translations

+2
14 mins
Spanish term (edited): moción dispositiva
Selected

dispositive motion

In law, a dispositive motion is a motion seeking a trial court order entirely disposing of one or more claims in favor of the moving party without need for further trial court proceedings. "To dispose" of a claim means to decide the claim in favor of one or another party. As a lawsuit may comprise numerous claims made by and against numerous parties, not every dispositive motion seeks to dispose of the entire lawsuit. The most common type of dispositive motions are those for summary judgment. In many cases, a decision on a dispositive motion is a prerequisite for appellate review. See, e.g., Wash. Rules of Appellate Procedure 2.2.

The two principal types of dispositive motion in contemporary American legal practice are the motion to dismiss and the motion for summary judgment. A dispositive motion may also be used to request that an indictment be dismissed or quashed, or for judgment on pleadings. At least in some jurisdictions, a corporation's motion to terminate a shareholder's derivative suit is treated as a dispositive motion. See, e.g., Dreiling v. Jain, 151 Wn.2d 900, 93 P.3d 861 (2004)
Peer comment(s):

agree Robert Copeland : Coincido!!
1 hr
Muchas gracias, Robert.
neutral Joseph Tein : Very nice clear explanation.
6 hrs
Thank you, Joseph. Yes, it is, but I am not taking the credit for it... it is Wiki's + other sources
agree Silvia Brandon-Pérez
8 hrs
Thank you, Silviantonia.
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4 KudoZ points awarded for this answer. Comment: "Thank you for your assistance and for the helpful explanation."
10 hrs

(PR) motion for early case disposal

Though dispositive motion is no doubt right, it may not mean much to an English-speaking/-reading audience on the face of it.

In Scotland, there are motions for early disposal. Maybe better to include of the case to denote it's not criminally obtained goods like narcotics being got rid of.

I believe the process also ties up with the UK summons for directions of old: a case could be disposed of at an interim stage when asking the court what further steps are needed.


Example sentence:

The news will be in their motion for summary judgment - thats a much more interesting method of case disposal. There is a dose of legal education for the ...

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