Glossary entry (derived from question below)
Russian term or phrase:
вынесении судебных актов
English translation:
(In) making its decision in this case, the trial court failed to consider XXX’s arguments
Aug 22, 2008 19:32
15 yrs ago
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Russian term
вынесении судебных актов
Russian to English
Law/Patents
Law: Taxation & Customs
Brief on appeal
This phrase is contained in a petition for relief from trial court findings filed with the appeals court. The brief raises an objection to an issue adjudicated at the trial level. The objection begins with the phrase “при вынесении судебных актов по настоящему делу”, which I’ve translated as “when rendering judicial acts in this case.”
What is not clear is the specific type of 'judicial act'. Is it an order, judgment, finding, or ruling? Depending on the type of ‘judicial act’, “вынесение” could be ‘rendering’, ‘issuing’, ‘pronouncing’ or something else. Suggestions please.
What is not clear is the specific type of 'judicial act'. Is it an order, judgment, finding, or ruling? Depending on the type of ‘judicial act’, “вынесение” could be ‘rendering’, ‘issuing’, ‘pronouncing’ or something else. Suggestions please.
Proposed translations
(English)
Proposed translations
+1
1 hr
Selected
(In) making its decision in this case, the trial court failed to consider XXX’s arguments
In making its decision in this case, the trial court failed to consider XXX’s arguments
“order, judgment, finding, or ruling”
Of course, these are synonyms but there are some differences:
Judgment – when it concerns issues of law
Generally speaking the appellate court examines the record of evidence presented in the trial court and the law that the lower court applied and decides whether that decision was legally sound or not. The appellate court will typically be deferential to the lower court's findings of fact (such as whether a defendant committed a particular act), unless clearly erroneous, and so will focus on the court's APPLICATION OF THE LAW to those facts (such as whether the act found by the court to have occurred fits a legal definition at issue).
Decision (ruling) - when it concerns PROCEDURal matters
Sometimes, the appellate court finds a defect in the PROCEDURE the parties used in filing the appeal and dismisses the appeal without considering its merits, which has the same effect as affirming the judgment below. (This would happen, for example, if the appellant waited too long, under the appellate court's rules, to file the appeal.) In England and many other jurisdictions, however, the phrase appeal dismissed is equivalent to the U.S. term affirmed; and the phrase appeal allowed is equivalent to the U.S. term reversed.
http://en.wikipedia.org/wiki/Appeal
finding - when we mean findings of fact
Order – direction of a court or judge entered on the court record but not included in the final judgment (in the course of proceedings)
“order, judgment, finding, or ruling”
Of course, these are synonyms but there are some differences:
Judgment – when it concerns issues of law
Generally speaking the appellate court examines the record of evidence presented in the trial court and the law that the lower court applied and decides whether that decision was legally sound or not. The appellate court will typically be deferential to the lower court's findings of fact (such as whether a defendant committed a particular act), unless clearly erroneous, and so will focus on the court's APPLICATION OF THE LAW to those facts (such as whether the act found by the court to have occurred fits a legal definition at issue).
Decision (ruling) - when it concerns PROCEDURal matters
Sometimes, the appellate court finds a defect in the PROCEDURE the parties used in filing the appeal and dismisses the appeal without considering its merits, which has the same effect as affirming the judgment below. (This would happen, for example, if the appellant waited too long, under the appellate court's rules, to file the appeal.) In England and many other jurisdictions, however, the phrase appeal dismissed is equivalent to the U.S. term affirmed; and the phrase appeal allowed is equivalent to the U.S. term reversed.
http://en.wikipedia.org/wiki/Appeal
finding - when we mean findings of fact
Order – direction of a court or judge entered on the court record but not included in the final judgment (in the course of proceedings)
Peer comment(s):
agree |
Tatiana N. (X)
1 min
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I've just put my agree to you; thank you!
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4 KudoZ points awarded for this answer.
Comment: "Thanks for all the helpful comments."
6 mins
rendering judicial acts
My R>E Dictionary of Diplomacy gives "pronouncing" for вынесение but "rendering" sounds a bit better to me here
49 mins
executing judgements
You're the lawyer, but my guess is that we're not talking about a judgement being rendered, issued, or pronounced; but about a judgement being executed, carried out, or enforced.
Вынесение is literally "carrying out." So, it sounds to me like the objection is to the way the judgement was executed.
Вынесение is literally "carrying out." So, it sounds to me like the objection is to the way the judgement was executed.
+1
1 hr
the court ruling did not account for/overlooked/did not take notice of/failed to address
Мне кажется, судя по контексту, что "вынесение судебного акта" здесь равносильно просто решению суда.
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http://forum.yurclub.ru/lofiversion/index.php/t193889.html
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http://forum.yurclub.ru/lofiversion/index.php/t193889.html
Peer comment(s):
agree |
Serhiy Tkachuk
: or : The [trial court] decisions made in the case did not ...
6 mins
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decision лучше, чем ruling. Спасибо!
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Discussion
I would say at this point that appellant (defendant at the trial level) is objecting to the findings of the trial court, and not to execution of a judgment or order. In a civil setting in the US, the trial court issues findings, and a separate order for enforcement is entered based on those findings. If defendant files an appeal, then execution of the trial court's order is ordinarily stayed, pending resolution of the appeal. Defendant is usually required to post an appeal bond in the amount of the judgment to secure payment should plaintiff prevail on appeal.