GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
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18:55 May 29, 2020 |
Spanish to English translations [PRO] Law/Patents - International Org/Dev/Coop / HCCH 2019 Judgments Convention, Hague Conference on Private International Law | |||||
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| Selected response from: Rebecca Jowers Spain Local time: 02:46 | ||||
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Discussion entries: 12 | |
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cause for lis pendens Explanation: arises etc. -------------------------------------------------- Note added at 6 mins (2020-05-29 19:01:39 GMT) -------------------------------------------------- In United States law, a lis pendens is a written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it. The notice is usually filed in the county land records office. ... Lis pendens is Latin for "suit pending". -------------------------------------------------- Note added at 8 mins (2020-05-29 19:03:50 GMT) -------------------------------------------------- have to be careful with faux amis here as "excepción" doesn't mean "exception" here -------------------------------------------------- Note added at 12 mins (2020-05-29 19:07:18 GMT) -------------------------------------------------- and it's a fine line between "cause" and "plea" |
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exception/motion of pendency of action/lis pendens Explanation: It usually refers to a motion or exception by one of the parties to the suit claiming that another court action is pending between the parties regarding the same cause of action. I believe in the US the English term is now preferred over the Latin term. "A "notice of pendency of action" or "notice" is a notice of the pendency of an action in which a real property claim is alleged." http://www.kinseylaw.com/clientserv2/civillitigationserv/rea... |
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lis pendens defense Explanation: also: defense of pendency of prior action; defense of another action pending excepción (in this context) = defense raised to attempt to defeat a lawsuit -------------------------------------------------- Note added at 22 mins (2020-05-29 19:17:28 GMT) -------------------------------------------------- Examples: The purpose of the lis pendens defense is to protect a defendant from harassment by having to defend several suits on the same cause of action at the same time. ... The doctrine of lis pendens requires that the prior action be pending. https://courts.phila.gov/PDF/cpcvcomprg/040403858.pdf The lis pendens defense allows for the dismissal of thelater-filed suit when all three of the following requirements aresatisfied: (1) two or more suits are pending in Louisiana courts;(2) the suits are related to the same transaction or occurrence;and (3) the suits involve the same parties in the same capacities. https://www.govinfo.gov/content/pkg/USCOURTS-laed-2_12-cv-02... Different names, same action: complaint dismissed based on lis pendens defense. Plaintiff cannot bring forward two cases based on same circumstances, Court rules. (8/9/2006) https://www.patla.org/Template_section_News_and_Periodicals.... |
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5 mins confidence: peer agreement (net): +3
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