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...

Discussion

Sherefedin MUSTAFA Jan 7, 2014:
Whole sentence indeed: "6. De rechtbank heeft onterecht geoordeeld (zie r.o. 3.2) dat de man niet op juiste wijze bij de procedure is betrokken. "
Chris Hopley Nov 24, 2008:
Come on, give us a bit more context! Explain what sort of document it is, where this occurs in the text. You might even like to give us a whole sentence or paragraph...

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
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
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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)
Something went wrong...
41 mins

rechtsoverweging: (legal) finding

Dit, in geval er meerdere rechtsoverwegingen zijn.

Van den End, N-E
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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.
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