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r.o.

English translation: ground for decision

10:01 Nov 24, 2008
Dutch to English translations [PRO]
Law/Patents - Law (general) / legal documents
Dutch term or phrase: r.o.
...NJ 1983, r.o. 16...
stephkg (X)
United Kingdom
Local time: 14:45
English translation:ground for decision
Explanation:
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
Selected response from:

Textpertise
United Kingdom
Local time: 14:45
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +3ground for decision
Textpertise
4e.o.
D.K. Tannwitz
4rechtsoverweging: (legal) finding
Buck
4ratio decidendi
jarry (X)


Discussion entries: 2





  

Answers


13 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
e.o.


Explanation:
ex officio

D.K. Tannwitz
Germany
Local time: 15:45
Works in field
Native speaker of: German
PRO pts in category: 14

Peer comments on this answer (and responses from the answerer)
neutral  Ken Cox: how did you arrive at this interpretation?
16 mins
  -> ratione officii (ambtshalve)
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36 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
ground for decision


Explanation:
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.

--------------------------------------------------
Note added at 38 mins (2008-11-24 10:40:04 GMT)
--------------------------------------------------

http://www.mijnwoordenboek.nl/thema/JU/NL/EN/R/2

Textpertise
United Kingdom
Local time: 14:45
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 40
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
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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41 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
rechtsoverweging: (legal) finding


Explanation:
Dit, in geval er meerdere rechtsoverwegingen zijn.

Van den End, N-E

Buck
Netherlands
Local time: 15:45
Specializes in field
Native speaker of: English
PRO pts in category: 80
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
ratio decidendi


Explanation:
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.

jarry (X)
South Africa
Local time: 15:45
Specializes in field
Native speaker of: English
PRO pts in category: 334
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