“Entertain” Used in Legal Contexts

Common Words with Uncommon Legal Meanings

In everyday English “entertain” is most often associated with providing amusement or with offering hospitality to a guest. But as a verb, “entertain” has the additional meaning of “to bear in mind” or “to take under consideration,” and in legal contexts means “to give judicial consideration to” (Black’s). Thus “the court entertained the motion for continuance” indicates that the judge considered the party’s request for a delay (but may or may not have decided to grant it). Here are a few examples of how “entertain” is used in this context:

  • In no event shall any judge entertain such motion if it be made after the making of an opening statement by counsel for plaintiff.
  • Court finds that it cannot entertain the case because there was no dispute between the parties on the date when the application was filed.
  • The judge will not entertain any written discovery motions until the Court has been provided with an opportunity to informally mediate the parties’ dispute.
  • In the absence of leave from an appellate court, a trial judge lacks jurisdiction to entertain a motion while judgment is pending on appeal.

Legal Meanings of “Call”

Common Words with Uncommon Legal Meanings

The common word “call” is often used in legal expressions as a verb, noun or adjective in which it can rarely be translated literally as “call.” To cite just a few examples, “to call a meeting” is convocar una reunión, while “to call a meeting to order” might be rendered as abrir la sesión. “To call an election” is convocar elecciones, while “to call a loan” denotes a demand for accelerated repayment (exigir el reembolso anticipado de un préstamo). “To call a witness” or “to call to testify” are expressions that both may mean citar a un testigo. And in England “to be called to the bar” is to be admitted to the legal profession by one of the Inns of Court (professional associations for barristers).

As a noun, in the language of securities trading “call” or “call option” refers to an opción de compra, as opposed to a “put” or “put option” that denotes opción de venta (often paired together as “put and call”). “To call the roll” is pasar lista (noun: roll call), and in the context of shareholders meetings a “quorum call” is roll call of shareholders to determine whether a quorum is present.

And, finally, the adjective “callable” is also widely used in securities trading as a synonym of “redeemable,” as in “callable bonds” (bonos redimibles), i.e., bonds that may be redeemed by the issuer before maturity (que se pueden rescatar antes de su vencimiento).

Legal Meanings of “rise”

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The everyday word “rise” is used in at least two different contexts in US courtroom procedure. First, when a judge enters the courtroom, the bailiff or other court official shouts out, “All rise!” to call the court to order and to signal that those present in the courtroom should stand until the judge takes his seat. Standard formulae for commencing court sessions vary from jurisdiction to jurisdiction, but these three are typical:

“Oyez, oyez, oyez.* The Third Circuit Court of the State of New York is now in session, Judge Jones presiding. All rise!”

“All Rise! Oyez! Oyez! Oyez! All persons having any business with the Honorable Court of Appeals of Maryland draw near and give your attention. The court is now in session. God save the State and this Honorable Court,” or

“All rise! Hear ye, hear ye, hear ye! The Supreme Court of the Great State of Florida is now in session. All who have cause to plea, draw near, give attention and you shall be heard. God save these United States, the Great State of Florida and this Honorable Court.”

In a second opposite meaning, “rise” is sometimes used in the sense of adjourning a court session (levantar la sesión): “The Court rose at 2:00 pm” (Se levantó la sesión a las 14.00 horas). In this context “rise” can also refer to the final adjournment at the end of a court term (fin del año judicial), prior to summer recess (vacaciones judiciales): “Justice Stevens announced he would be retiring from the US Supreme Court effective one day after the court rises for summer recess.” “Rise” is likewise used with respect to the adjournment of parliamentary sessions: “It is expected that the 3rd reading on this Bill will occur very soon, and the House of Commons will vote on it before they rise for summer recess” (or) “The Bill was introduced in the House of Commons on the penultimate sitting day before the House of Commons rose for summer recess.”


* As Bryan Garner notes in his Dictionary of Legal Usage (Oxford, 2011, p. 650), “oyez, oyez, oyez” is the cry heard in court to call a courtroom to order when a session begins (“oyez” being the Law French equivalent of “here ye” in the Middle Ages). Quoting Clarence Darrow: “When court opens, the bailiff intones some voodoo singsong words in an ominous voice that carries fear and respect at the opening of the rite.” It is pronounced “oh-yes” or sometimes “oh-yay.”

Use of interesar in Legal Texts

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Rather than “to manifest interest” as the term is sometimes rendered, in legal contexts interesar often has the meaning of solicitar (to request, to petition, to motion, etc.), especially when used in pleadings and other court documents. As defined in the DLE, “interesar may mean “solicitar o recabar de alguien, datos, noticias, resoluciones, etc.” Here are a few examples in which interesar denotes solicitar in the sense of “petitioning the court,” with possible English translations:

  • práctica de la prueba que interesábamos en nuestro escrito de querella (examination of evidence requested in our criminal complaint)
  • el Ministerio Fiscal interesó que se hiciera a los solicitantes audiencia (the prosecution moved that the applicants be granted a hearing)
  • se interesaba que se señalara nuevo día y hora para la vista (a motion to continue was filed, requesting a change of date and time for the hearing)
  • se presentó escrito por el que se interesaba el sobreseimiento de las actuaciones (a motion to dismiss was filed)
  • el demandante interesaba una indemnization por daños (the plaintiff filed for damages)

Legal Meanings of pieza

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In procedural law contexts, pieza does not mean “piece,” but rather denotes a “proceeding.” Certain aspects of a case may be adjudicated en pieza separada, i.e., in a separate proceeding from the main trial or proceeding (called pieza principal), and will be recorded in a separate case file (likewise often referred to as pieza separada). In civil proceedings, for example, pieza de medidas cautelares denotes a “provisional remedies proceeding” incident to civil litigation. In criminal procedure, in ordinary felony proceedings (proceso ordinario por delitos graves), a preliminary criminal investigation (instrucción sumarial) is typically conducted in four piezas. In addition to the main investigatory proceeding (pieza principal), a second pieza de situación personal reflects any pretrial measures (medidas cautelares personales) ordered against a suspect (investigado), including arrest (detención), pretrial release (libertad provisional) or pretrial detention (prisión provisional). The remaining two concern civil liability (responsabilidad civil) arising from the commission of the crime in question. The pieza de responsibilidad civil principal contains all measures ordered against the suspect’s property (medidas cautelares reales) to ensure that, if convicted, he will be able to pay the victim the compensation awarded by the court. These may include requiring the accused to make a pretrial deposit into court (prestar fianza) or ordering attachment (embargo) of his property. In the fourth pieza de responsibilidad subsidiaria similar measures may be ordered against third parties who may likewise be liable for civil damages resulting from the offense.

In other respects, the term pieza de convicción refers to the physical evidence of the commission of a crime, defined as objetos inanimados que puedan servir para atestiguar la realidad de un hecho relevante para el proceso.* The expression has sometimes been inappropriately translated as “incriminating evidence,” but whether a pieza de convicción is incriminating or not must subsequently be established at trial.

*Juan Manuel Fernández Martínez, coord. Diccionario jurídico. Thompson-Aranzadi, 2004.

Common Words with Uncommon Legal Meanings: pacífico/a

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The simple adjective pacífico/a denotes lo que no tiene o no halla oposición, contradicción o alteración en su estado (DLE), and is used in several legal contexts. Obviously its most common meaning is “peaceful,” as in derecho de reunión pacífica (right of peaceful assembly). The term likewise denotes “peaceful” or “non-violent” in expressions such as solución pacífica de conflictos (peaceful conflict resolution).

Goce pacífico denotes “quiet enjoyment,” that is, use of property that is unopposed by someone claiming paramount title (mejor derecho). Thus goce pacífico de la cosa durante la duración del arrendamiento refers to the right to quiet enjoyment of the property in question for the duration of the rental lease. Posesión pacífica (unopposed possession) is one of the elements that must be proved to establish adverse possession (usucapión, also called prescripción adquisitiva).

And pacífico is also used in legal writing to describe something that is considered unquestionable, undeniable or well-established: según es pacífico afirmar… (as is generally accepted…). In that regard, for example, the much-used term jurisprudencia pacífica simply denotes “established (or) settled caselaw.”

Legal Meanings of informe

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In his 1963 work “The Language of the Law,” the eminent legal linguist David Mellinkoff observed that legal discourse often uses “common words with uncommon meanings.” Indeed, in both Spanish and English, common words and expressions often take on unexpected meanings when used in legal contexts, and there are many simple, seemingly inoffensive everyday words and expressions that can prompt translation mistakes if their special legal meanings are ignored.  In this section I include some of the presumably simple legal English expressions that my students and translation clients have found most puzzling, along with a selection of legal Spanish terms that may stump translators when initially entering the legal translation field.


In many legal contexts informe has its usual meaning of “report,” as in informe de gestión (management report), informe de auditoría (audit report), informe comercial (commercial report), informe de búsqueda (search report), informe sobre el estado de la técnica (prior art report) or informe (or dictamen) pericial (expert witness report).

But informe has a very special meaning in Spanish criminal procedure, referring to the closing statements or final oral argument offered at the end of certain criminal proceedings by the prosecutor (fiscal), defense attorneys (defensor del procesado, defensor del acusador particular y defensor del actor civil*) and the attorneys for the parties deemed to have incurred civil liability (personas civilmente responsables) during the commission of the offense. As provided for in article 734** of the Criminal Procedure Act (Ley de Enjuiciamiento Criminal), these closing statements should include, among others, a summation of the facts as found, a legal assessment of those facts to ascertain the offense committed and the extent of the accused’s participation (whether as principal or accomplice), mitigating or aggravating circumstances, if any, and a determination of any possible civil liability. Thus, in the context of criminal proceedings informe may be translated as “closing statements,” “final oral argument” or with a similar expression.

*For an explanation of the role of the actor civil in Spanish criminal proceedings see the previous post at https://rebeccajowers.com/2016/05/09/false-friends-4/

**En sus informes expondrán éstos los hechos que consideren probados en el juicio, su calificación legal, la participación que en ellos hayan tenido los procesados y la responsabilidad civil que hayan contraído los mismos u otras personas, así como las cosas que sean su objeto, o la cantidad en que deban ser reguladas cuando los informantes o sus representados ejerciten también la acción civil.