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ultrapetitividad

English translation: ultra petita

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:ultrapetitividad
English translation:ultra petita
Entered by: Manuel Aburto

03:06 May 10, 2020
Spanish to English translations [PRO]
Law/Patents - Law (general) / law
Spanish term or phrase: ultrapetitividad
Hola,

Este es otro término que solo se menciona en el documento que estoy traduciendo. He buscado el término en mis diccionarios legales, pero no aparece en ninguno de ellos.

Alguna idea o sugerencia al respecto. El término y su definición son los siguientes:

i. Ultrapetitividad: Que implica reconocer derechos que resultaren demostrados o probados en juicio, aún cuando no hayan sido invocados en la demanda;
Manuel Aburto
Nicaragua
Local time: 19:12
ultra petita
Explanation:
It refers to the concept of ultra petita, which in Latin means "beyond that which is sought."

According to the website http://www.duhaime.org/LegalDictionary/U/UltraPetita.aspx, it is "usually used in relation to a judgment of the court which exceeds even that which was asked for, such as a damage award which is in excess of what a plaintiff requested."

The opposite concept, non ultra petita, refers to the rule that courts or tribunals should not make decisions beyond the claims submitted.

Here's an example of an ultra petita case: https://www.lexology.com/library/detail.aspx?g=2f8577fc-903d...

As for your translation, here is my suggestion:

i. Ultra petita: Refers to the recognition of rights that are substantiated or proven at trial, despite not being invoked during the proceedings.

Let's wait and see what the other legal beagles have to say about the matter. ;-)
Selected response from:

Michael Grabczan-Grabowski
Canada
Local time: 19:12
Grading comment
Thanks again Michael!
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +4ultra petita
Michael Grabczan-Grabowski


  

Answers


41 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +4
ultra petita


Explanation:
It refers to the concept of ultra petita, which in Latin means "beyond that which is sought."

According to the website http://www.duhaime.org/LegalDictionary/U/UltraPetita.aspx, it is "usually used in relation to a judgment of the court which exceeds even that which was asked for, such as a damage award which is in excess of what a plaintiff requested."

The opposite concept, non ultra petita, refers to the rule that courts or tribunals should not make decisions beyond the claims submitted.

Here's an example of an ultra petita case: https://www.lexology.com/library/detail.aspx?g=2f8577fc-903d...

As for your translation, here is my suggestion:

i. Ultra petita: Refers to the recognition of rights that are substantiated or proven at trial, despite not being invoked during the proceedings.

Let's wait and see what the other legal beagles have to say about the matter. ;-)


Example sentence(s):
  • The case was ruled ultra petita, as the judge granted more damages than was asked by the claimant. It was reversed upon an appeal.
Michael Grabczan-Grabowski
Canada
Local time: 19:12
Specializes in field
Native speaker of: English
PRO pts in category: 20
Grading comment
Thanks again Michael!

Peer comments on this answer (and responses from the answerer)
agree  David Hollywood: complete with explanations and spot on I know you're new on the block but ultrapetitividadseriously good and you`ll see that you have friends and enemies however good you are.... I'm retired (thankfully to get away from the stress)
57 mins
  -> Thanks for the comment, David! Much appreciated, especially from a colleague so experienced. I've been in the translating game for some years, but I'm new to KudoZ. It's like my daily quiz game. Clearly, I've got some time to participate. ;-) Take care!
agree  Adrian MM.: inclination or tendency to u p awards, perhaps. The term is used, de novo, in Roman civ. Scots law but not gen. in Anglo-Am law, except in OTT = top-level judgments https://www.proz.com/kudoz/spanish-to-english/law-general/27...
4 hrs
  -> Interesting. Much obliged, Adrian!
agree  AllegroTrans: Good research, well explained. Welcome to Kudoz!
9 hrs
  -> Thank you!
agree  DB-9
1 day 4 hrs
  -> Thank you!
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