Aug 19, 2010 22:11
14 yrs ago
51 viewers *
Italiano term
controricorrente
Da Italiano a Inglese
Legale/Brevetti
Legale (generale)
court procedure
controricorrente e ricorrente incidentale - avverso la sentenza della corte d'appello di ... depositata il 12 gennaio.
Proposed translations
(Inglese)
4 | cross appellant or petitioner and nominal petitioner |
Alison Kennedy
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4 | cross-appellant |
Thomas Roberts
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4 | counterclaimant |
Mr Murray (X)
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Proposed translations
7 ore
Selected
cross appellant or petitioner and nominal petitioner
Here we are in the superior (supreme) courts, i.e. appealing against a decision handed down by an appellate court in this case, so the terminology changes. In an appeal, there is the Appellant ( i.e. the party lodging the appeal againt the finding of a lower court) and the Respondent ( i.e. the party defending the decision). This proceeding is is where the respondent is appealing against a decision handed down by an appeal court and so becomes the cross petitioner or cross appellant. This is probably an administrative process (public contract tenders, public competitions for teaching positions, etc.).
The idea is this. While the cross petitioner is seeking to reverse a judgment based on a series of main claims or on the facts of the case or in law, the nominal petitioner is seeking to reverse the judgment based on new elements to the case that are relevant to the main claims but which are specifically to his/her advantage and not necessarily to that of the cross petitioner.
Should the court reject the main claims of the cross petitioner's appeal then the nominal parties claims will also be rejected as a result. In practice, the nominal petitioner's claims are examined before the cross petitioner's main arguments.
Alison
The idea is this. While the cross petitioner is seeking to reverse a judgment based on a series of main claims or on the facts of the case or in law, the nominal petitioner is seeking to reverse the judgment based on new elements to the case that are relevant to the main claims but which are specifically to his/her advantage and not necessarily to that of the cross petitioner.
Should the court reject the main claims of the cross petitioner's appeal then the nominal parties claims will also be rejected as a result. In practice, the nominal petitioner's claims are examined before the cross petitioner's main arguments.
Alison
4 KudoZ points awarded for this answer.
Comment: "thank you for very complete solution"
7 ore
cross-appellant
Ricorrente here is an appellant because they are challenging the judgment of the Court of Appeal.
The pages indicated below are practically all from court judgments:
http://www.google.com/search?hl=it&q="cross appellant"&aq=f&...
The pages indicated below are practically all from court judgments:
http://www.google.com/search?hl=it&q="cross appellant"&aq=f&...
17 min
counterclaimant
"The person making the counterclaim is the counterclaimant."
[web source]
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Note added at 20 mins (2010-08-19 22:32:28 GMT)
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ricorrente s.f. e.f. petitioner, claimant, plaintiff.
[source La Biblioteca di Republica's l'Enciclopedia Dizionario di Italian-Inglese ]
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Note added at 12 hrs (2010-08-20 10:11:49 GMT)
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I did not translate this as 'appellant' for several reasons.
1. the noun 'appellant' already quite obviously appears as appellante
2. the noun controricorrente is quite obviously not appellante
3. when listing parties at the appeals court level, they are often listed as multiple names:
Example
"Defendant/Counterclaimant-Cross Appellant. Appeals from the United States District Court for the District of New Jersey in Case No. ... "
and therefore, if I had translated controricorrente as 'counter-appellant' - how would I have translated 'counterclaimant?'
It has nothing to do with the level of court anyhow as counterclaimant can be used at any level of most court systems.
[web source]
--------------------------------------------------
Note added at 20 mins (2010-08-19 22:32:28 GMT)
--------------------------------------------------
ricorrente s.f. e.f. petitioner, claimant, plaintiff.
[source La Biblioteca di Republica's l'Enciclopedia Dizionario di Italian-Inglese ]
--------------------------------------------------
Note added at 12 hrs (2010-08-20 10:11:49 GMT)
--------------------------------------------------
I did not translate this as 'appellant' for several reasons.
1. the noun 'appellant' already quite obviously appears as appellante
2. the noun controricorrente is quite obviously not appellante
3. when listing parties at the appeals court level, they are often listed as multiple names:
Example
"Defendant/Counterclaimant-Cross Appellant. Appeals from the United States District Court for the District of New Jersey in Case No. ... "
and therefore, if I had translated controricorrente as 'counter-appellant' - how would I have translated 'counterclaimant?'
It has nothing to do with the level of court anyhow as counterclaimant can be used at any level of most court systems.
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