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(to) rely on the record

English translation: bases its decision on the information contained in the official court documents (records)

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)

English term or phrase:	(to) rely on the record
English translation:	bases its decision on the information contained in the official court documents (records)
Entered by:	Michael Powers (PhD)

Options:
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11:12 Jul 19, 2011

English to English translations [PRO]
Law/Patents - Law (general) / Please re-phrase or explain

English term or phrase: (to) rely on the record

The Court relies on the record to make its decision (a phrase from a document issued by a US court)

xxxGiordano B

bases its decision on the information contained in the official court documents (records)

Explanation:
The judge relies or counts on these documents to come to a decsion. This evidence has to be formally admitted in order to be part of the record.

Mike

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Note added at 15 mins (2011-07-19 11:28:14 GMT)
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The transcript includes everything that went on in court. If certain evidence was excluded or not admitted, it cannot be considered in making the decision or ruling.

Selected response from:

Michael Powers (PhD)
United States
Local time: 21:16

Grading comment

Thank you!
4 KudoZ points were awarded for this answer

Summary of answers provided

4 +2

bases its decision on the information contained in the official court documents (records)

Michael Powers (PhD)

not to take new evidence

Charlesp

5 -1

dependence on court transcripts

benettfreeman

Discussion entries: 2

Answers

13 mins confidence:

peer agreement (net): +2

bases its decision on the information contained in the official court documents (records)

Michael Powers (PhD)
United States
Local time: 21:16
Specializes in field
Native speaker of:

English
PRO pts in category: 64

Grading comment

Thank you!

Peer comments on this answer (and responses from the answerer)

disagree

benettfreeman: Actually this is incorrect. The decision is BASED on what the jurors think. The jurors (or judge) depend on the record in order to assist their decision, but if they think the record is incorrect or unlawful in some way, they can still nullify

3 mins

-> When it is a jury trial, absolutely, the jury makes the finding and the judge is the referee, or judge of the law. But it is the judge that decides what is officially admitted on the record. When it is a bench trial, the judge makes the ruling.

agree

amarpaul: I think this is closer to the meaning of the phrase.

2 hrs

-> Thank you, amarpaul - Mike

agree

vierama

2 hrs

-> Thank you, vierama - Mike

neutral

Charlesp: Soft of, but not exactly.

8 hrs

agree

Thuy-PTT

21 hrs

-> Thank you, Thuy-PTT - Mike

12 mins confidence:

peer agreement (net): -1

dependence on court transcripts

Explanation:
The record is the transcript of everything that took place in the courts. The responsibility for this process lies with the Clerk of the Court

--------------------------------------------------
Note added at 13 mins (2011-07-19 11:26:40 GMT)
--------------------------------------------------

"The record" is not limited to just the transcripts for that particular case, but extends to any precedents filed as relevant to the case and allowed by the judge, and in some cases to the whole body of common law.

--------------------------------------------------
Note added at 18 mins (2011-07-19 11:31:36 GMT)
--------------------------------------------------

The jurors (or judge) DEPEND on the record in order to assist their decision, but if they think the record is incorrect or unlawful in some way, they can still nullify. It should not be construed that the decision is directly determined by the record.

benettfreeman
Local time: 03:16
Works in field
Native speaker of:

English
PRO pts in category: 4

Notes to answerer

Asker: Thank you!

Peer comments on this answer (and responses from the answerer)

neutral

Michael Powers (PhD): The jury does not have the right to decide if the record is unlawful. The jury must follow the judge's instructions. If the judge gives the jury permission to not follow the record, then the jury has that right. // Yes, quite often the judge's is ignored.

9 mins

-> The judge can instruct according to the law, but the jury's decision can still contradict that and practise jury nullification. There are countless cases of this.

agree

airmailrpl: depend on court transcripts

10 mins

neutral

amarpaul: Actually "transcript" would be only part of the complete "record", as that latter term encompasses all documentary filings and other physical evidence placed before the court and admitted by presiding judge)

2 hrs

disagree

vierama: in my opinion, dependance is not a proper word in connection with judiciary

2 hrs

disagree

Charlesp: True, out of context -- but that is not what is meant here.

8 hrs

8 hrs confidence:

not to take new evidence

Explanation:
What is being referred to here (most likley, despite the lack of context provided), is that the Court in question is an appellate court, and to they do not hear evidence. THey "rely upon the record" meaning the testimony and other evidence given in the trial court, and they do not (as a appeal court in many European countries would do), took to take new evidence or hear witnesses anew or make its decision based on their analysis of the testimony - they have a different task as an appeals court.

So "relying on the record" simply means not to take new evidence.

Charlesp
Local time: 03:16
Specializes in field
Native speaker of:

English
PRO pts in category: 12

Notes to answerer

Asker: Thank you!

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Changes made by editors

Jul 20, 2011 - Changes made by Michael Powers (PhD):
Created KOG entry	KudoZ term => KOG term

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(to) rely on the record

English translation: bases its decision on the information contained in the official court documents (records)

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(to) rely on the record

English translation: bases its decision on the information contained in the official court documents (records)

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Answers

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KudoZ™ translation helpThe KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.

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The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.