Nov 24, 2008 10:01
15 yrs ago
7 viewers *
Dutch term
r.o.
Dutch to English
Law/Patents
Law (general)
legal documents
...NJ 1983, r.o. 16...
Proposed translations
(English)
4 +3 | ground for decision | Textpertise |
4 | e.o. | D.K. Tannwitz |
4 | rechtsoverweging: (legal) finding | Buck |
4 | ratio decidendi | jarry (X) |
Proposed translations
+3
36 mins
Selected
ground for decision
Abbreviation for rechtsoverweging. The Judge considers the facts and comes to a judgment. He sets forth his judicial considerations in a numbered list to show that he has properly and correctly arrived at his decision, taking in all necessary evidence.
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Note added at 38 mins (2008-11-24 10:40:04 GMT)
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http://www.mijnwoordenboek.nl/thema/JU/NL/EN/R/2
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Note added at 38 mins (2008-11-24 10:40:04 GMT)
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http://www.mijnwoordenboek.nl/thema/JU/NL/EN/R/2
Peer comment(s):
agree |
writeaway
: it's in Jurlex as well. but grounds sound better in English.
3 mins
|
Thanks, Writeaway. The totality of the reasons for the decision are the grounds. This one reason will be ground number 16.
|
|
agree |
Jacqueline van der Spek
8 mins
|
Thanks, Jacqueline
|
|
agree |
Kitty Brussaard
9 mins
|
Thanks, Kitty
|
4 KudoZ points awarded for this answer.
Comment: "Selected automatically based on peer agreement."
13 mins
e.o.
ex officio
Peer comment(s):
neutral |
Ken Cox
: how did you arrive at this interpretation?
16 mins
|
ratione officii (ambtshalve)
|
41 mins
rechtsoverweging: (legal) finding
Dit, in geval er meerdere rechtsoverwegingen zijn.
Van den End, N-E
Van den End, N-E
1 hr
ratio decidendi
The universal latin phrase. See:
http://www.gillhams.com/dictionary/243.cfm
Term: ratio decidendi
The legal reasons of judge in reaching a finding in a case brought before the court. The ratio decidendi is binding on lower courts and stands in contrast to obiter dicta. The ratio decideni is a fundamental part of establishing precedents that bind lower courts in the hierachy, which serve to make the application of the more predictable, which in turn reduces the liklihood of litigation of the issues of law in the future.
Setting out the reasons for a judgment or order is a fundamental part of the administration of justice and determination of parties' legal rights in litigation. Firstly, the reasons underlying the decision reached allows the disaffacted party to properly exercise their right of appeal in the event that the decision is wrong, by any of (1) an error of law, (2) an error in a finding of fact, or (3) error in the exercise of a discretion. Furthermore, reasons allow the parties and the public at large to know why one party has won, and the other lost.
A trial judge is not required to address all of the arguments raised during the course of the trial, but that are required to make clear the legal principles upon which they reached their conclusions, so that the final decision is properly justified at law. Accordingly, the giving of reasons is essential to ensure that the rule of law has been applied in the litigation.
Note: Gillham Solicitor llp is a top firm of solicitors in London.
http://www.gillhams.com/dictionary/243.cfm
Term: ratio decidendi
The legal reasons of judge in reaching a finding in a case brought before the court. The ratio decidendi is binding on lower courts and stands in contrast to obiter dicta. The ratio decideni is a fundamental part of establishing precedents that bind lower courts in the hierachy, which serve to make the application of the more predictable, which in turn reduces the liklihood of litigation of the issues of law in the future.
Setting out the reasons for a judgment or order is a fundamental part of the administration of justice and determination of parties' legal rights in litigation. Firstly, the reasons underlying the decision reached allows the disaffacted party to properly exercise their right of appeal in the event that the decision is wrong, by any of (1) an error of law, (2) an error in a finding of fact, or (3) error in the exercise of a discretion. Furthermore, reasons allow the parties and the public at large to know why one party has won, and the other lost.
A trial judge is not required to address all of the arguments raised during the course of the trial, but that are required to make clear the legal principles upon which they reached their conclusions, so that the final decision is properly justified at law. Accordingly, the giving of reasons is essential to ensure that the rule of law has been applied in the litigation.
Note: Gillham Solicitor llp is a top firm of solicitors in London.
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