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Ação julgada procedente

English translation: suit judged to have merit

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:Ação julgada procedente
English translation:suit judged to have merit
Entered by: Brigith Guimarães
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09:31 Sep 5, 2008
Portuguese to English translations [PRO]
Law/Patents - Law (general)
Portuguese term or phrase: Ação julgada procedente
Diz o documento (BR)... "julgou procedente a ação fiscal objeto do Auto de Infração e Termo de Guarda Fiscal em epígrafe"
Brigith Guimarães
Portugal
Local time: 05:29
suit judged to have merit
Explanation:
Perhaps "granted" fits in some contexts, but the idea of "procedente/improcedente" in texts I've dealt with does not imply that the object of the suit is granted, but that the court has deemed the suit worthy to be heard. In a recent court case, the judge ruled that the Public Prosecutor's action was "improcedente"...in other words was insufficiently grounded to justify being prosecuted. The following excerpt expresses what I have understood to be the issue with "procedente". I have **marked** the phrase, but see the final line, which explains it more fully.

From: http://law.jrank.org/pages/12709/Crawford-El-v-Britton.html
...can overcome that first line of defense in a variety of ways, providing his or her complaint is **judged by the courts to have merit**. In other words, with the exception of the president of the United States (who has absoluteimmunity against being taken to court), government officials have the presumption of immunity from lawsuits while in office, but citizens can overcome those immunities--again, assuming their claims are substantial rather than frivolous.
Selected response from:

Edgar Potter
United States
Local time: 23:29
Grading comment
Thanks again, Edgar. Enjoy your day
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1(claim) request grantedrhandler
4suit judged to have merit
Edgar Potter
3Case upheld/held entertainablexxxAdrian MM.
Summary of reference entries provided
Maria José Tavares

  

Answers


3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
(claim) request granted


Explanation:
A ação se define pelo pedido (request). Veja este exemplo:

Views by the Bay: Mending Fences
... waive requirement for a second estimate because of small size of claim. Request granted. Now we're getting somewhere, albeit 45 days after the incident. ...
http://viewsbythebay.blogspot.com/2004/05/mending-fences.htm...

E este:

Welch Request Granted - New York Times
Welch Request Granted. E-MAIL · Print; Save. Published: January 31, 2003. A Superior Court judge granted a temporary order today that will keep confidential ...
http://query.nytimes.com/gst/fullpage.html?res=9C04E4DF1738F...


rhandler
Local time: 01:29
Specializes in field
Native speaker of: Portuguese
PRO pts in category: 1302
Notes to answerer
Asker: Thanks,k Ralph / Maria José. I was "in betweens" with GRANTED, but it is more like Edgar explains. Thanks for coming to rescue!


Peer comments on this answer (and responses from the answerer)
agree  Maria José Tavares
53 mins
  -> Obrigado, Maria José, bom fim de semana!
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7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
suit judged to have merit


Explanation:
Perhaps "granted" fits in some contexts, but the idea of "procedente/improcedente" in texts I've dealt with does not imply that the object of the suit is granted, but that the court has deemed the suit worthy to be heard. In a recent court case, the judge ruled that the Public Prosecutor's action was "improcedente"...in other words was insufficiently grounded to justify being prosecuted. The following excerpt expresses what I have understood to be the issue with "procedente". I have **marked** the phrase, but see the final line, which explains it more fully.

From: http://law.jrank.org/pages/12709/Crawford-El-v-Britton.html
...can overcome that first line of defense in a variety of ways, providing his or her complaint is **judged by the courts to have merit**. In other words, with the exception of the president of the United States (who has absoluteimmunity against being taken to court), government officials have the presumption of immunity from lawsuits while in office, but citizens can overcome those immunities--again, assuming their claims are substantial rather than frivolous.

Edgar Potter
United States
Local time: 23:29
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 187
Grading comment
Thanks again, Edgar. Enjoy your day
Notes to answerer
Asker: Thanks, Edgar. As I say above, this is more the case I am dealing with and it is a great help. Salut to the Island :)

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1 day2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
Case upheld/held entertainable


Explanation:
I've tried to incorporate Edgar's meritorious idea with entertainable whilst, certainly, the Spanish equivs. of procedent vs. improcedente mean case upheld vs. case or pleadings *struck out*.





Example sentence(s):
  • 18 Jul 2008 ... Employee's FMLA Case Upheld Where She Offers Evidence of Record Tampering. An employee who testified that Family Dollar Stores tampered with ...
  • The High Court held that the prayer for guardianship and custody is entertainable by the Family Court under Explanation (g) to Section 7(1) of the Act. ...

    Reference: http://hrbriefcase.blogspot.com/2008/07/employees-fmla-case-...
    Reference: http://www.proz.com/kudoz/portuguese_to_english/law%3A_contr...
xxxAdrian MM.
Local time: 06:29
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 357
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Reference comments


16 mins
Reference

Reference information:
encontrei o seguinte num glossário
procedente (julgado procedente) - granted
http://www.sk.com.br/sk-fcj.html
Espero que ajude

Maria José Tavares
Portugal
Works in field
Native speaker of: Portuguese
PRO pts in category: 75
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