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preliminar de inépcia da inicial

English translation: argued preliminarily that the complaint brief is defective

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14:07 Dec 23, 2010
Portuguese to English translations [PRO]
Law/Patents - Law (general)
Portuguese term or phrase: preliminar de inépcia da inicial
This is in a brief concerning a child custody dispute in Brazil. Equivalent in U.S. English preferred.

Em contestação o réu levantou preliminar de inépcia da petição inicial e, no mérito, sustentou que a autora pretende impedi-lo, de ter acessoaos filhos, o que já vem ocorrendo há seis meses.
Kathryn Litherland
United States
Local time: 12:18
English translation:argued preliminarily that the complaint brief is defective
Explanation:
the "inicial" would usually be the "petition" or the "complaint brief." It's quite common for the opposing party to argue that there's something wrong with that document - filed too late, addressed to the wrong party, party not properly represented etc etc
Selected response from:

Donna Sandin
United States
Local time: 12:18
Grading comment
Thanks--I think this option is the most gracefully worded, and your explanation is very helpful!
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +2preliminary issue that the application is defective
MARK ROBERTSON
4 +1argued preliminarily that the complaint brief is defective
Donna Sandin
4Preliminary issue on the defectiveness of the statement of claim / complaint
Ivan Rocha, CT
Summary of reference entries provided
inépcia da petição inicial
T o b i a s

  

Answers


1 hr   confidence: Answerer confidence 5/5 peer agreement (net): +2
preliminary issue that the application is defective


Explanation:
In his/her answer the Respondent raised a preliminary issue that the application is defective

MARK ROBERTSON
Local time: 17:18
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 832

Peer comments on this answer (and responses from the answerer)
agree  Marlene Curtis
22 hrs

agree  Ana Lottis
467 days
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5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
argued preliminarily that the complaint brief is defective


Explanation:
the "inicial" would usually be the "petition" or the "complaint brief." It's quite common for the opposing party to argue that there's something wrong with that document - filed too late, addressed to the wrong party, party not properly represented etc etc

Donna Sandin
United States
Local time: 12:18
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 252
Grading comment
Thanks--I think this option is the most gracefully worded, and your explanation is very helpful!

Peer comments on this answer (and responses from the answerer)
agree  T o b i a s : Easy to understand. Happy Holiday.
12 hrs
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1 day45 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
Preliminary issue on the defectiveness of the statement of claim / complaint


Explanation:
"Statement of Claim" se para o Canadá / Inglaterra, "Complaint" se para os EUA.

Ivan Rocha, CT
Canada
Works in field
Native speaker of: Native in PortuguesePortuguese
PRO pts in category: 232
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Reference comments


1 hr
Reference: inépcia da petição inicial

Reference information:
inépcia da petição inicial > defective complaint; defective pleading
Noronha, 3rd ed.

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Note added at 1 hr (2010-12-23 15:21:42 GMT)
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may also be relevant:
http://www.proz.com/?sp=gloss/term&id=9723004

T o b i a s
Native speaker of: Native in EnglishEnglish
PRO pts in category: 45
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