by pleadings or other reasonable written notice
Polish translation: przedstawiając pisemne oświadczenia stron, pisma procesowe, przewód sądowy, zawiadomienie na piśmie
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| 09:29 Mar 4, 2020 |
| English to Polish translations [PRO] Law/Patents - Law (general) | |||||||
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|  Selected response from: Kamila Ołtarzewska Poland Local time: 03:51 | ||||||
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| 3 +1 | przedstawiając pisemne oświadczenia stron, pisma procesowe, przewód sądowy, zawiadomienie na piśmie |
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| The Establishment of Foreign and International Law in American Courts |
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| Notice pleading |
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| Discussion entries: 8 | |
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Answers
5 hrs confidence: 
peer agreement (net): +1
peer agreement (net): +1przedstawiając pisemne oświadczenia stron, pisma procesowe, przewód sądowy, zawiadomienie na piśmie Explanation: lub inne wiarygodne zgłoszenie - się nie zmieściło w okienku odpowiedzi. Wszystko za: E. Myrczek, Dictionary of Law Terms. Beck, 2006. |
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33 mins peer agreement (net): +1 |
| Reference: The Establishment of Foreign and International Law in American Courts Reference information: A party who intends to raise an issue concerning the law of a foreign country shall give notice in his pleadings or other reasonable written notice. The court, in determining foreign law, may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the Federal Rules of Evidence. The court's determination shall be treated as a ruling or a question of law. https://scholar.smu.edu/cgi/viewcontent.cgi?article=2277&con... - page 855 (przypis 39 w stopce strony 12. tego pdf) |
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5 hrs |
| Reference: Notice pleading Reference information: Notice pleading refers to a system of pleading requirements that only emphasizes pleadings as a way to notify parties of general issues in a case. This allows parties drafting pleadings to state their claims in general terms without alleging detailed facts to support each claim and without worrying about hypertechnical details. See Federal Rules of Civil Procedure, particularly Rules 7-10. The Federal Rules of Civil Procedure, adopted in 1938, uses a notice pleading system. Previously, the federal courts used a much stricter pleading standard called fact pleading. Since the Federal Rules were adopted in 1938, many other American jurisdictions have adopted similar systems. https://www.law.cornell.edu/wex/notice_pleading Pleading Definition Pleading is the beginning stage of a lawsuit in which parties formally submit their claims and defenses. Overview The plaintiff submits a complaint stating the cause of action. The defendant submits an answer stating his or her defenses and denials. The defendant may also submit a counterclaim stating a cause of action against the plaintiff. Purpose Pleadings provide notice to the defendant that a lawsuit has been instituted concerning a specific controversy or controversies. It also provides notice to the plaintiff of the defendant's intentions with regard to the suit. https://www.law.cornell.edu/wex/pleading -------------------------------------------------- Note added at 5 hrs (2020-03-04 15:23:17 GMT) -------------------------------------------------- Pleadings A lawsuit begins when the person bringing the suit files a complaint. This first step begins what is known as the pleadings stage of the suit. Pleadings are certain formal documents filed with the court that state the parties' basic positions. Common pre-trial pleadings include: Complaint (or petition or bill). Probably the most important pleading in a civil case, since by setting out the plaintiff's version of the facts and specifying the damages, it frames the issues of the case. It includes various counts - that is, distinct statements of the plaintiff’s cause of action - highlighting the factual and legal basis of the suit. Answer. This statement by the defendant usually explains why the plaintiff should not prevail. It may also offer additional facts, or plead an excuse. Reply. Any party in the case may have to file a reply, which is an answer to new allegations raised in pleadings. Counterclaim. The defendant may file a counterclaim, which asserts that the plaintiff has injured the defendant in some way, and should pay damages. ("You're suing me? Well then, I'm suing you.") It may be filed separately or as part of the answer. If a counterclaim is filed, the plaintiff must be given the opportunity to respond by filing a reply. https://www.americanbar.org/groups/public_education/resource... https://www.proz.com/kudoz/english-to-polish/law-general/861... https://www.proz.com/kudoz/english-to-polish/law-patents/216... https://ling.pl/slownik/angielsko-polski/pleading pleading n. 1) every legal document filed in a lawsuit, petition, motion and/or hearing, including complaint, petition, answer, demurrer, motion, declaration and memorandum of points and authorities (written argument citing precedents and statutes). Laypersons should be aware that, except possibly for petitions from prisoners, pleadings are required by state or federal statutes and/or court rules to be of a particular form and format: typed, signed, dated, with the name of the court, title and number of the case, name, address and telephone number of the attorney or person acting for himself/herself (in pro per) included. 2) the act of preparing and presenting legal documents and arguments. Good pleading is an art: clear, logical, well-organized and comprehensive. https://dictionary.law.com/Default.aspx?selected=1543 -------------------------------------------------- Note added at 23 hrs (2020-03-05 08:35:32 GMT) -------------------------------------------------- Rule 44.1 – Determining Foreign Law A party who intends to raise an issue about a foreign country’s law must give notice by a pleading or other writing. In determining foreign law, the court may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the Federal Rules of Evidence. The court’s determination must be treated as a ruling on a question of law. https://www.federalrulesofcivilprocedure.org/frcp/title-vi-t... |
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