Motion to dismiss and motion to stay declaratory jugment action
French translation: aide à la compréhension
| 01:45 Aug 9, 2000 |
| English to French translations [PRO] Law/Patents | |||||||
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|  Selected response from: Nikki Scott-Despaigne Local time: 21:47 | ||||||
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| na | Motion du defendant pour rejeter et motion pour arreter l'action declaratoire en jugement |
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| na | aide à la compréhension |
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Answers
41 mins
Motion du defendant pour rejeter et motion pour arreter l'action declaratoire en jugement Explanation: C;est la maniere de traduire la phrase legale. |
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3 hrs
aide à la compréhension Explanation: Aide à la compréhension "motion" : this is an oral application to a judge or a court requesting an order for preformance of action in applicant's favour. "dismissal of action" : result of defendant's application to dismiss in his favour. Usually made at conclusion of trial but sometimes at interlocutory stages (where breach of some proceduraml rule). Can be made for want of prosecution where plaintiff has delayed unreasonably and that proceeding would be prejudicial to a fair trial. "stay" (of execution) : suspension of operation of a judgement or court order "stay" (of proceedings) : suspension of court proceedings "declaratory judgment : one which merely states the court's opinion on a matter of law, declares existing or future rights of parties. Under English law, it does not generally carry any order for enforcement. (Action commenced by writ or originating summons). You have a MOTION TO DISMISS and one to STAY a DECLARATORY JUDGEMENT ACTION, thus : an oral application made by the defendant requesting court to make a ruling in his favour to dismiss or stay an action in which the court has given its opinion on a matter of law and/or declared the parties future and/or existing rights. Such claims sometimes go hand in hand with claims for substantive relief, often in the form of damages, for example. de la pratique au R-U, deux Dic. (Oxford & Financial Times) de Droit GB |
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