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summierlijk onderzoek

English translation: examination of the prima facie case

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Dutch term or phrase:summierlijk onderzoek
English translation:examination of the prima facie case
Entered by: Chris Hopley
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14:56 Jan 14, 2002
Dutch to English translations [PRO]
Law/Patents
Dutch term or phrase: summierlijk onderzoek
Here's one for the legal beagles amongst us! I'm not so concerned with linguistic aesthetics here (it's only a management memo!), but am wondering if my use of "prima facie" is correct and also wondering if there is perhaps a better translation of "ondeugdelijk" in the context.

Here's the whole sentence:

Het hof heeft vervolgens het door XYZ gevraagde verlof om beslag te leggen geweigerd, en wel omdat het na "summierlijk onderzoek" van oordeel was dat de claim van XYZ ondeugdelijk is.

The court rejected XYZ’s application for an attachment order, stating that an examination of the prima facie evidence had revealed the claim to be unfounded.

Any thoughts?
Chris Hopley
Netherlands
Local time: 19:16
prima facie case
Explanation:
I wish to add a note here on normal usage of "prima facie" in British legal jargon; usually, it occurs only as part of the phrase "prima facie case", as in "to establish a prima facie case", which is what the plaintiff has to do, especially in the event of interlocutory/ex parte proceedings.
Van den End states himself that he does not take British law into account.

If you do want to use "prima facie" here, in my opinion it should be "an exammination of the prima facie case", but I would also consider using "initial" instead of "prima facie".

See also, for instance, www.lectlaw.com

I also believe that "unfounded" is the word for "ongegrond", not quite the same as "ondeugdelijk". Here, the British would say "that the action of XYZ does not lie".

Anyway - this is very much into the technicalities of usage in British law. I'm not sure you want to take that into account. I know all this simply 'cos I got a British law degree.
Selected response from:

Titia Dijkstra
Local time: 19:16
Grading comment
Thanks Titia (and others of course). This is the subject-expert insight that I was looking for.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +3Prima facie
Astrid Homan
5 +2prima facie caseTitia Dijkstra
4 -2The court has subsequently refused XYZ's application for a seizure warrant,
Dave Greatrix


  

Answers


19 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -2
The court has subsequently refused XYZ's application for a seizure warrant,


Explanation:
on the grounds that after a summary(concise)investigation the claim made by XYZ was adjudged to be unsound. (invalid)

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Note added at 2002-01-14 15:28:10 (GMT)
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Hi Chris,

\"summierlijk\" would suggest a short but adequate investigation. Evidence is not referred to in the text. \"vervolgens\" \"subsequently\"

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Note added at 2002-01-14 15:30:02 (GMT)
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Hi Chris,

\"summierlijk\" would suggest a short but adequate investigation. Evidence is not referred to in the text. \"vervolgens\" \"subsequently\"

--------------------------------------------------
Note added at 2002-01-14 18:12:59 (GMT)
--------------------------------------------------

summier: concise, succinct, clear and BRIEF, SHORT and to the point

--------------------------------------------------
Note added at 2002-01-14 20:28:37 (GMT)
--------------------------------------------------

In response to Marina 72, the use of capital letters (if that is what is meant by \"childish behavior\") in the above not was purely used to highlight the temporal words, I fail to see how that in anyway can be construed as \"childish behavior\"
I would like to add, that any contribution that I make is purely in an effort to assist fellow translators and it is never my intention to offend, I therefore find such remarks totally uncalled for. It should also be noted that I have agreed with Astrid.

Dave Greatrix
United Kingdom
Local time: 18:16
Native speaker of: English
PRO pts in pair: 1747

Peer comments on this answer (and responses from the answerer)
disagree  Massimo Lencioni: "summierlijk" refers to the extent of the investigation, it's not a temporal indicator
2 hrs
  -> Van Dale Quote: summier - 1. bondig, kort, samenvattend, 2. gering, klein

disagree  Marina72: Lencioni & De Vries added their comment before your added that note at 18:12:59. Quite childish behavior I must say.
4 hrs
  -> Certainly not intended as such, I don't quite see where you get that from. See below.

neutral  xxxjarry: It may not be your intention, but you do at times offend, as indeed I have. We are human after all!
6 hrs
  -> We are that, Jarry, thank you
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2 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +3
Prima facie


Explanation:
Yes, after consulting the Juridisch Lexicon by A. van den End, I agree with your translation. It gives as an example:
"Summierlijk is gebleken van het vorderingrecht van de schuldeiseressen" a translation as: "prima facie evidence was shown of the creditors' cause of action"

Astrid Homan
United States
Local time: 12:16
Native speaker of: Native in DutchDutch, Native in EnglishEnglish
PRO pts in pair: 27

Peer comments on this answer (and responses from the answerer)
agree  Massimo Lencioni
18 mins

agree  Dave Greatrix: You never stop learning!
1 hr

agree  xxxjarry: Chris' translation is 100%.
3 hrs
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6 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +2
prima facie case


Explanation:
I wish to add a note here on normal usage of "prima facie" in British legal jargon; usually, it occurs only as part of the phrase "prima facie case", as in "to establish a prima facie case", which is what the plaintiff has to do, especially in the event of interlocutory/ex parte proceedings.
Van den End states himself that he does not take British law into account.

If you do want to use "prima facie" here, in my opinion it should be "an exammination of the prima facie case", but I would also consider using "initial" instead of "prima facie".

See also, for instance, www.lectlaw.com

I also believe that "unfounded" is the word for "ongegrond", not quite the same as "ondeugdelijk". Here, the British would say "that the action of XYZ does not lie".

Anyway - this is very much into the technicalities of usage in British law. I'm not sure you want to take that into account. I know all this simply 'cos I got a British law degree.

Titia Dijkstra
Local time: 19:16
Native speaker of: Native in DutchDutch, Native in EnglishEnglish
PRO pts in pair: 84
Grading comment
Thanks Titia (and others of course). This is the subject-expert insight that I was looking for.

Peer comments on this answer (and responses from the answerer)
agree  xxxjarry: We should always be aware of the fact that we may be dealing with different legal systems. To 'go the whole hog' and transliterate for a British audience only may not always be called for.
7 mins

agree  Dave Greatrix: While I generally agree with the above, especially "prima facie case" I'm not so sure about the "action of XYZ does not lie" I understand "ondeugdelijk" to mean faulty, invalid, unsound, inferior.
11 hrs
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