積極否認

English translation: Averment

13:27 Aug 19, 2013
Japanese to English translations [PRO]
Law/Patents - Law (general)
Japanese term or phrase: 積極否認
Hi everyone,

I have come across this term in materials relating to a lawsuit. Please see below for a definition in Japanese:

http://www.bengo4.com/dictionary/6095/

Googling has returned few hints so far (guesses such as "active denial/refutation" and "assertive denial/refutation" don't seem to work, or indicate entirely different things).

I would be grateful for any suggestions. Thanks!
Luca Balestra
United Kingdom
Local time: 18:55
English translation:Averment
Explanation:
Averment would be similar in meaning. A party who makes an averment need to prove or substantiate after making a formal statement in a case.

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Note added at 37 mins (2013-08-19 14:05:36 GMT)
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The following litigation glossary also contains the word 'averment', explaining that 'averment' means '単に相手方の主張を否認するだけではなく、積極的に事実を主張すること' (not only denying the other party's assertion but to aggressively asser a (new/opposing) fact).

http://www.legalxintl.co.jp/glossary-litigation.html
Selected response from:

Ash Furuta
Japan
Local time: 02:55
Grading comment
Thanks, Ash, that sounds spot on.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1Averment
Ash Furuta
3Aggresively deny
Lincoln Hui
3general denial
David Gibney
3Explicit/Express denial
Shannon Spears
3affirmative denial
Carmen8855 (X)


  

Answers


21 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
Aggresively deny


Explanation:
Just a thought. As in "Ryan Braun aggressively denied that he used PEDs".

Lincoln Hui
Hong Kong
Local time: 01:55
Specializes in field
Native speaker of: Native in ChineseChinese, Native in EnglishEnglish
PRO pts in category: 4
Notes to answerer
Asker: Thank you.

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23 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
general denial


Explanation:
I think the term "general denial" might work considering the definitions in both languages.


    Reference: http://legal-dictionary.thefreedictionary.com/general+denial
David Gibney
Ireland
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 31
Notes to answerer
Asker: Thanks, David. The term in question, however, is used with reference to the plaintiff, not the defendant. Sorry I did not provide more context.

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28 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Averment


Explanation:
Averment would be similar in meaning. A party who makes an averment need to prove or substantiate after making a formal statement in a case.

--------------------------------------------------
Note added at 37 mins (2013-08-19 14:05:36 GMT)
--------------------------------------------------

The following litigation glossary also contains the word 'averment', explaining that 'averment' means '単に相手方の主張を否認するだけではなく、積極的に事実を主張すること' (not only denying the other party's assertion but to aggressively asser a (new/opposing) fact).

http://www.legalxintl.co.jp/glossary-litigation.html


    Reference: http://legal-dictionary.thefreedictionary.com/averment
Ash Furuta
Japan
Local time: 02:55
Specializes in field
Native speaker of: Native in JapaneseJapanese, Native in EnglishEnglish
PRO pts in category: 4
Grading comment
Thanks, Ash, that sounds spot on.

Peer comments on this answer (and responses from the answerer)
agree  seika
15 hrs
  -> Thank you!
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45 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
Explicit/Express denial


Explanation:
Both of these terms turn up some hits when searched for with terms like "patent infringement" and "patent law".

A document from the Institute of Intellectual Property seems to agree with the "active denial" you suggested before (see p7 of reference), but that was the only instance I could find of that term.



    Reference: http://www.iip.or.jp/translation/nakayama/part9.pdf
Shannon Spears
United States
Local time: 12:55
Native speaker of: English
Notes to answerer
Asker: Thank you. My document, however, has nothing to do with patents. Sorry for not providing more context.

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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
affirmative denial


Explanation:
I think 否認 can be translated to "denial", about 積極, I would choose "affirmative".
So, I think 積極否認 should be translated as affirmative denial.


Example sentence(s):
  • 被告は,訴状に対して書面で答弁するものとし,訴状の重要な主張について明確に否認し,又は積極的抗弁を主張する。
  • The respondent shall answer the complaint in writing, by either specifically denying the material allegations of the complaint or alleging any affirmative defense.

    Reference: http://translate.weblio.jp/
Carmen8855 (X)
Spain
Specializes in field
Native speaker of: Native in KoreanKorean, Native in ChineseChinese
Notes to answerer
Asker: Thank you!

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