Nov 17, 2019 06:49
4 yrs ago
12 viewers *
Spanish term

ratificar las pruebas

Spanish to English Law/Patents Law (general)
Un fallo de un tribunal (Cuba)
"RESULTANDO: que en cuanto a pruebas la parte actora ratificó las pruebas documentales que fueran admitidas con la presentación de la demanda consistentes en..."

I'm no legal expert but I'm not sure why "la parte actora" esté "ratificando" sus propias pruebas...se me hace que los términos que he visto para su traducción, "ratify, confirm, affirm, approve, verify, uphold" no encajan aquí...?
Tal vez estoy equivocada.
I'm thinking it means "the claimant submitted/presented" his documentary evidence? Can ratificar be used in that sense?

¡¡Gracias de antemano!!

Discussion

Toni Castano Nov 17, 2019:
Possible wrong syntax Unless this is a Cuban oddity I´m unaware of, I just think that the grammatical structure of your sentence doesn´t make much sense. In my opinion, the source should read as follows:
"RESULTANDO: que en cuanto a pruebas la parte actora ratificó que las pruebas documentales fueran admitidas con la presentación de la demanda consistentes en..."
If I´m right, "ratificar" would then mean "solicitar" (formally request).

Proposed translations

+2
6 hrs
Selected

substantiated the claim by submitting documentary evidence

might be wrong on this but still worth a try:

"RESULTING: that in terms of evidence the plaintiff substantiated his claim by submitting the documentary evidence that was admitted with the filing of the lawsuit consisting of ..

source:

Real and Demonstrative Evidence - FindLaw
https://criminal.findlaw.com › criminal-procedure › real-and-demonstrativ...
Real and demonstrative evidence are two of the four main types of evidence in a ... Demonstrative evidence;; Documentary evidence; and; Testimonial evidence.

Evidence: Definition and Types

Evidence is used at trials to prove or disprove certain facts that would tend to show whether something was true or not. There are four types evidence by which facts can be proven or disproven at trial which include:

Real evidence;
Demonstrative evidence;
Documentary evidence; and
Testimonial evidence.
Not all of these types of evidence carry the same weight at trial. For instance, real evidence may be more believable than demonstrative evidence. It's the jury's role to weigh each type of evidence and make a determination as to the believability of the evidence presented.
Peer comment(s):

agree Melisa Espeche
1 hr
agree AllegroTrans : or simply "substantiated the documentary evidence produced"
2 hrs
neutral philgoddard : I don't think this is right. It says ratifying the documents, not the evidence.
4 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
7 hrs
Spanish term (edited): (Mex. & Cuba) ratificar las pruebas

(civil) confirm (for re-use ) the items of evidence (initially led in a complaint moving to claim)

This is not only a translation but procedural or 'adjectival' query.

I or we could do with more context - civil or criminal, a basic question as usual - namely who is the actora - a female plaintiff in a divorce or employment / labo(u)r complaint going from a labo(u)r tribunal to a court of law where the evidence initially submitted - perhaps a long time ago - would not be automatically re-usable on Cuba or Isla de la Juventud.

If the actora is a corporate claimant/s, then their Counsel may not automatically give notice 'ratifying' proofs (NB proof of evidence in the UK is taken from a witness in a criminal context only), namely if they are out-of-date, admitidas a trámite > leave to proceed after a long time is granted or if there is a change of mind or circumstances.

Obiter, the 'ratification' - as some informed readers will know - might stumble in the Anglo-Am. law of evidence at the hurdle of the 'rule against narrative' - to wit, the prohibition on litigants repeating their allegations umpteen times to contrive undeserved credibility.


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Note added at 13 hrs (2019-11-17 20:38:29 GMT)
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Quote 'Order closing right to lead evidence not “judgment”; no right to appeal thereagainst under Section 10 (1)' Unquote
Example sentence:

Mex.: vengo a RATIFICAR TODAS Y CADA UNA DE LAS PRUEBAS OFRECIDAS EN MI ESCRITO INICIAL DE DEMANDA Y CON ANTELACIÓN A LA APERTURA DEL PERIODO PROBATORIO (discovery / disclosure period)

Peer comment(s):

neutral philgoddard : I wish I could make head or tail of this, because it may be right. In particular, I don't know what you mean by "led".
4 hrs
Thanks for the chance to explain 1. I think it means plaintiff re-adopts evidence once submitted, adduced or pr/offered & 2. the latter too long to fit in the answer box, so lead used, as in English Common Law courts & legal drafting: pls C note added.
Something went wrong...

Reference comments

8 hrs
Reference:

Ratificar las Pruebas

Substantiated means supported by proof or evidence.

So, to substantiate a claim is to make it solid or believable. If the evidence given in support of an argument is weak and unconvincing, that evidence can be described as insubstantial.

Examples of substantiate in a Sentence
substantiated his claim to local mountaineering fame with a photo of himself on the summit of Mount McKinley ....
Something went wrong...
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