The case is dismissed (court)

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melasa

Senior Member
English & Spanish, USA born
“The case is dismissed“

If a judge tells a defendant this, can you please go through my list and let me know if each is acceptable, and finally, what you would use?

(there are threads near my title, but not exactly in this order, and I want to highlight strong fundamentals specifically to “this” phrase, and avoid phrases in Spanish while I’m interpreting this that I’m used to that sound awkward, and to make sure my syntax, prepositional, and vocabulary usage is fundamentally acceptable in a professional setting)

1)”El caso queda desestimado”
2) “El caso queda sobreseído”
3) “El caso se desestima”
4) “Se desestima el caso”

I am well aware that caso can be replaced with causa. Etc..(and may probably be better), and that desestimar and sobreseer can be replaced by other options. However, could you at least go through numbers one through four, and at least say acceptable or not acceptable, or borderline acceptable, or not an option, and then give your rendition of what you think is best?

Thanks!
 
  • acme_54

    Senior Member
    English UK
    I'd say that nº 1 sounds most formal. And although "desestimado/sobreseído" are to some extent synonymous, for some reason I prefer 1). I'm also less keen on 3) and 4), perhaps due to a slight lingering suspicion of reflexive forms (se desestima). But I'm not a native Spanish speaker or a legal eagle, so feel free to ignore my opinions.
    As a translator, for questions like this, I like to run a Google search to compare the frequency of use of each phrase. For example, I've just run a search for ”El caso queda desestimado” and got over 500 results with examples of usage.

    queda desestimado - English translation – Linguee
     
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    acme_54

    Senior Member
    English UK
    Thanks. Just curious, does number three sound too literal of an interpretation to you? Awkward at all?
    Out of all of the four, that’s the one where I’m starting to second guess.
    I don't like it myself, but then again, I have a slight aversion to "se- (vb)" in general, because often when I'm translating academic texts, the use of reflective verb forms makes it unclear who the agent responsible for the action is. So, my opinion is biased due to my work experience and personal preference. However, FWIW, I've just run a search for 3) and it gets a lot more results than 1) and 2), which both get around 500. I still prefer the first one, though I can't explain why.
     

    melasa

    Senior Member
    English & Spanish, USA born
    I don't like it myself, but then again, I have a slight aversion to "se- (vb)" in general, because often when I'm translating academic texts, the use of reflective verb forms makes it unclear who the agent responsible for the action is. So, my opinion is biased due to my work experience and personal preference. However, FWIW, I've just run a search for 3) and it gets a lot more results than 1) and 2), which both get around 500. I still prefer the first one, though I can't explain why.
    Very helpful... I actually agree that number one “just sounds the best…” I just looked up the reflexive form of desestimar, and it does not exist. So that rules that one out…I tend to use number three while I’m interpreting...But I need to confirm if that word order is actually acceptable for someone who lives in a Spanish-speaking country... And if it would be acceptable as a response, for example, in an interpreting exam, or slightly unacceptable but at least passable...Yes, my instinct is telling me that number one or two are the correct syntax for a native Spanish-speaker. However, Your search is corroborating number three is at least possible… In fact, not only passable , but the most used… But it may not be the most used in a Spanish-speaking country… On an interpreting exam, I’m wondering if number three would be graded as correct, but with only a slight amount of points taking off, but at least being passable....I got the feeling that it is not said like that in a Spanish-speaking country (#3)
     

    acme_54

    Senior Member
    English UK
    Well, another reason for my preference is that "queda" appears in several contexts in the legal area, such as "queda visto por sentencia"... etc. However, again, I'm more into written translation and haven't done any interpreting work for at least 10 years (too stressful). I would hazard a guess that in a live, simultaneous translation scenario, versions 3 and 4 might come out more fluidly (again, because I perceive them as slightly more informal). And if it's for examination purposes, the thing with examiners is, if they want to trip you up, they will do their best to do so. I am more of the opinion that (in real life) there is usually more than one way to skin a cat, rather than insisting on just one single "correct" option.
     

    michelmontescuba

    Senior Member
    Spanish
    Caso Cerrado es un programa de televisión en español producido en Estados Unidos, cuyo formato se basa en la resolución de conflictos. En Caso Cerrado, la doctora en leyes Ana María Polo presenta varios casos entre participantes en litigio, los cuales tienen un conflicto de todo tipo, que intenta resolverlo como juez árbitro.
    La frase que la doctora siempre usa es "el caso queda desestimado".
     

    The cub

    Senior Member
    Spanish
    As far as I know "desestimar" and "sobreseer" are not synonymous. If the judge "desestima la causa" it means that he/she rejects it, so the case is dismiss. But when a case is "sobreseído" it means that it's suspended for whatever reason, lack of proof, for instance. But the suspension can be temporal.
     

    melasa

    Senior Member
    English & Spanish, USA born
    Well, another reason for my preference is that "queda" appears in several contexts in the legal area, such as "queda visto por sentencia"... etc. However, again, I'm more into written translation and haven't done any interpreting work for at least 10 years (too stressful). I would hazard a guess that in a live, simultaneous translation scenario, versions 3 and 4 might come out more fluidly (again, because I perceive them as slightly more informal). And if it's for examination purposes, the thing with examiners is, if they want to trip you up, they will do their best to do so. I am more of the opinion that (in real life) there is usually more than one way to skin a cat, rather than insisting on just one single "correct" option.
    Good perspective... That is very true. Although I am a certified Court interpreter and practice every day use, an exam probably would be more particular on the legal syntactical elements... And probably would give full credit for a scoring unit on numbers one and two, and perhaps takeoff partial credit for scoring units for three and four... I will continue to take other interpreting exams for agencies… And perhaps for federal court interpreting… So this is good feedback, and I will be practicing… I haven’t taken a Translation exam in a long time… And that is more formal register… So,”Causa” would probably be better on a site translation portion rather than “Caso.”
     
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    melasa

    Senior Member
    English & Spanish, USA born
    Caso Cerrado es un programa de televisión en español producido en Estados Unidos, cuyo formato se basa en la resolución de conflictos. En Caso Cerrado, la doctora en leyes Ana María Polo presenta varios casos entre participantes en litigio, los cuales tienen un conflicto de todo tipo, que intenta resolverlo como juez árbitro.
    La frase que la doctora siempre usa es "el caso queda desestimado".
    Fabuloso...Gracias por este aporte... Usted me ha dado una frase perfectamente formal y correcta, y fácil de recordar... Yo sé que hay muchas otras formas correctas para interpretar esta frase, pero me gusta tener en la mente una que sale muy flúida y rápida de la memoria y que es formal y correcta... Especialmente para un examen de interpretación... Siempre y cuando la sintaxis y registro está correcto, es lo más importante para sacar puntos completos por cada unidad de frases o palabras.
     

    melasa

    Senior Member
    English & Spanish, USA born
    As far as I know "desestimar" and "sobreseer" are not synonymous. If the judge "desestima la causa" it means that he/she rejects it, so the case is dismiss. But when a case is "sobreseído" it means that it's suspended for whatever reason, lack of proof, for instance. But the suspension can be temporal.
    Hmmm... Yes, I thought both were synonymous… I will look up if there is a nuanced difference in the legal context/in the court room.. But as far as I know as of now, they both are adequate to convey to dismiss...But perhaps the nuances can be reflected in different situations to extract another nuance in meeting… But when one is trying to convey dismiss said by a judge , I believe both are perfectly fine… I’ll need to do some more research, however.
     

    melasa

    Senior Member
    English & Spanish, USA born
    I’m Learning that “queda” seems like the best way to transfer the register from English to Spanish… And now that I think about it, it makes sense because that’s how the judgment remains in the record.
    This is starting to make me move away more from numbers three and four now… Which apparently are starting to sound more awkward to me as we move along with this thread.
     

    acme_54

    Senior Member
    English UK
    As far as I know "desestimar" and "sobreseer" are not synonymous. If the judge "desestima la causa" it means that he/she rejects it, so the case is dismiss. But when a case is "sobreseído" it means that it's suspended for whatever reason, lack of proof, for instance. But the suspension can be temporal.
    That's why I noted "to some extent synonymous " (o sea, que son primos hermanos)... :)
     

    melasa

    Senior Member
    English & Spanish, USA born
    In word reference, Sobreer is to dismiss in a legal context, and desestimar is to dismiss in a non-legal context, But apparently Desestimar could also be used in a legal context equally as well… I don’t think this dictionary is 100% correct... I see desestimar and Sobreseer both used in legal glossaries as options for to dismiss.
     

    The cub

    Senior Member
    Spanish
    I see desestimar and Sobreseer both used in legal glossaries as options for to dismiss.
    If so, there is a problem. Imagine the judge dismisses your case. What does it mean? Has your case been "desestimado"? Or has it been "sobreseído"? Because the outcome is different. Or maybe it doesn't exist any of that in the American legal system, so the case it's just dismissed, according to the American law:confused:
     

    The cub

    Senior Member
    Spanish
    I'm going to answer to my own question:

    Just yesterday I watched a tv series in which a judge dismissed a case. It was about a criminal case in which the prosecution presented, as evidence, a video recording that showed the accused comitting murder. It was a "smoking gun", but, because of the way it had been gotten, that recording was declared void, and the rest was circumstantial. So the judge dismissed the case. His exact words were: "the case is dismissed for lack of evidence". I suppose this second part (for lack of evidence) is crucial for a proper translation since, as I told above, one of the main reasons for a case to be "sobreseído" is precisely that, the lack of evidence. So, in this case, the translation has to be "el caso queda sobreseído".

    Apparently, "desestimación" comes at some point before the case is opened. So, if the judge sees no reason to open the case, this is "desestimado".

    I hope this can shed some light on this convoluted matter.
     

    gato radioso

    Senior Member
    spanish-spain
    Hmmm... Yes, I thought both were synonymous… I will look up if there is a nuanced difference in the legal context/in the court room.. But as far as I know as of now, they both are adequate to convey to dismiss...But perhaps the nuances can be reflected in different situations to extract another nuance in meeting… But when one is trying to convey dismiss said by a judge , I believe both are perfectly fine… I’ll need to do some more research, however.
    Desestimar es rechazar una pretensión porque no parece tener fundamento.
    Sobreseer es dar por terminado un procedimiento por no ser legítimo continuarlo.
     
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