Glossary entry

Spanish term or phrase:

falta pasible de comprometer su responsabilidad civil (Repub. Dom.)

English translation:

misconduct for which the defendant can be held civilly liable

Added to glossary by María Eugenia Wachtendorff
Jul 1, 2013 00:38
10 yrs ago
6 viewers *
Spanish term

falta pasible de comprometer su responsabilidad civil (Repub. Dom.)

Spanish to English Law/Patents Law (general) complaint for damages
In a case where the court ruled for the respondent:

...en cuanto al fondo rechaza la misma por no haberse retenido al imputado ninguna falta pasible de comprometer su responsabilidad civil.
Change log

Jul 2, 2013 16:54: María Eugenia Wachtendorff Created KOG entry

Proposed translations

+1
6 hrs
Selected

misconduct for which the defendant can be held civilly liable

My reading.
Good luck :)
Peer comment(s):

agree Onidia (X)
11 mins
Gracias, Onidia
neutral Sandro Tomasi : I like the way you resolved "de comprometer su responsabilidad civil." But I believe that falta pasible ≠ misconduct, that it = passive offense. // Would you be able to explain in the discussion box?
2 days 7 hrs
I'm afraid you have the wrong concept :) and I can't explain it here :)
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4 KudoZ points awarded for this answer. Comment: "Thank you for your help!"
22 hrs

offenc/se likely to attract his liability in tort

Imputado sounds like a Sanky Panky (?) criminal suspect being sued privately in tort.

An (AmE) complaint/(BrE) claim for damages.
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Reference comments

2 days 13 hrs
Reference:

passive offense

Guillen,

When I first saw this post, I didn’t think it was criminal law. (More context would have helped. And the term “respondent” threw me off.) Nonetheless, I can offer you a couple of resources regarding what I believe to be the correct translation for falta pasiva.

“Active offense” vs. “passive offense”
Only the act of payment, as opposed to the receipt/acceptance of payment, is prohibited.
Two offenses: (1)active offense: bribing another and (2) passive offense of being bribed.
[1st link]

As this court has noted, the aiding and abetting statute, 18 U.S.C. Sec. 2, "has broad implications and is one of the most important in the United States Criminal Code." United States v. Raper, 676 F.2d 841, 848 (D.C.Cir.1982).3 The statute codifies the deeply rooted common-law rule that those who intentionally assist a guilty principal may themselves be held liable as principals. Although possession is generally a passive offense, "nothing about drug-possession offenses is so distinctive as to remove them from the ambit of aiding-and-abetting doctrine." United States v. Staten, 581 F.2d 878, 886 (D.C.Cir.1978) (footnote omitted).
[2nd link]
Peer comments on this reference comment:

disagree María Eugenia Wachtendorff : Sorry about previous mistake here. Unfortunately I don't have the time to discuss this right now. Please take a look at Linguee.com.
2 hrs
I don't see how the "Presentación" of the DRAE relates to the references.
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