Sep 9, 2005 19:24
19 yrs ago
11 viewers *
English term
rebut (a presumption) vs. refute (a presumption)
English
Law/Patents
Law (general)
international law, refugee law
Opinions or references, anyone? The author and translator have seen both terms in scholarly texts discussing international and human rights law. Example: "If the Member State applies presumptions in the procedure, it must be possible to rebut/refute the presumptions in the asylum procedure."
Responses
+5
21 mins
Kim Metzger
Mexico
Mexico
Native in English
&
English
Works in field
Mexico
Committed to Quality and Service
Native in: English (Variant: US) 
Works in: German to English
Related KudoZ points
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118
Selected
Depends on whether the meaning is to disprove or take issue with
New York Times Manual of Style and Usage - rebut/refute: Rebut, a neutral word, means reply and take issue. Refute goes further and often beyond what a writer intends: it means disprove, and successfully. Unless that is the intention, use rebut, dispute, deny or reject.
In your case, it seems to me the intended meaning could either be to disprove or take issue with.
In your case, it seems to me the intended meaning could either be to disprove or take issue with.
4 KudoZ points awarded for this answer.
Comment: "Since I wanted usage references (and not a dictionary definition, which I already had), I've selected your answer and agree that it was a fine explanation. "Rebut" is the word we chose, and "rebut" is certainly not off-base, as we found a host of documents from (among other sources) scholarly journals and the ICJ using "rebut" in the sense in which it is used here. Thanks, Kim!"
+4
24 mins
Isabel Hohneck
Germany
Germany
Works in field
Germany
Quality + Precision + Speeeeeeeeeeed
Native in: German
Works in: English, English to German, English to French, and 20 more.
rebut vs. refute
Main Entry: re·but
1 : to drive or beat back : REPEL
2 a : to contradict or oppose by formal legal argument, plea, or countervailing proof
b : to expose the falsity of : REFUTE
intransitive senses : to make or furnish an answer or counter proof
Main Entry: re·fute
1 : to prove wrong by argument or evidence : show to be false or erroneous
2 : to deny the truth or accuracy of <refuted the allegations>
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Note added at 46 mins (2005-09-09 20:10:40 GMT)
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The procedure for a rebuttal is determined by law. Only specific evidence is allowed for a rebuttal while one can refute allegations or presumptions using new/previously unknown evidence.
http://library.findlaw.com/2001/Jan/1/128568.html
Trial
After the case has proceeded through discovery, it will be placed on the court docket and a trial date will be assigned. Jury and non-jury trials follow the same general rules of order. Generally, the trial proceeds as follows. The plaintiff's attorney followed by the defendant's attorney each make opening statements, explaining what he or she intends to prove. The plaintiff's witnesses and evidence are introduced, examined and cross-examined. Then, the defendant's witnesses and evidence are introduced, examined and cross-examined. Finally, both the plaintiff and defendant are allowed to introduce rebuttal evidence. After all the evidence has been submitted, each side presents a closing argument summarizing the evidence most favorable to their party. Generally, the plaintiff makes the first closing statement and has a right of rebuttal after the defendant's closing argument.
and:
http://public.findlaw.com/library/legal-system/civil_stages_...
After the plaintiff concludes its case-in-chief and "rests," the defendant can present its own evidence in the same proactive manner, seeking to show that it is not liable for the plaintiff's claimed harm. The defense may call its own witnesses to the stand, and can present any of its own independent evidence in an effort to refute or downplay the key elements of the plaintiff's legal allegations. Once the defense has rested, the plaintiff has an opportunity to respond to the defense's arguments through a process known as "rebuttal," a brief period during which the plaintiff may only contradict the defense's evidence (rather than present new arguments). Sometimes, the defense may in turn have a chance to respond to the prosecution's rebuttal.
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Note added at 13 hrs 39 mins (2005-09-10 09:03:44 GMT)
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sorry...I just saw the link of the first entry is missing:
http://www.webster.com/cgi-bin/dictionary?book=Dictionary&va...
1 : to drive or beat back : REPEL
2 a : to contradict or oppose by formal legal argument, plea, or countervailing proof
b : to expose the falsity of : REFUTE
intransitive senses : to make or furnish an answer or counter proof
Main Entry: re·fute
1 : to prove wrong by argument or evidence : show to be false or erroneous
2 : to deny the truth or accuracy of <refuted the allegations>
--------------------------------------------------
Note added at 46 mins (2005-09-09 20:10:40 GMT)
--------------------------------------------------
The procedure for a rebuttal is determined by law. Only specific evidence is allowed for a rebuttal while one can refute allegations or presumptions using new/previously unknown evidence.
http://library.findlaw.com/2001/Jan/1/128568.html
Trial
After the case has proceeded through discovery, it will be placed on the court docket and a trial date will be assigned. Jury and non-jury trials follow the same general rules of order. Generally, the trial proceeds as follows. The plaintiff's attorney followed by the defendant's attorney each make opening statements, explaining what he or she intends to prove. The plaintiff's witnesses and evidence are introduced, examined and cross-examined. Then, the defendant's witnesses and evidence are introduced, examined and cross-examined. Finally, both the plaintiff and defendant are allowed to introduce rebuttal evidence. After all the evidence has been submitted, each side presents a closing argument summarizing the evidence most favorable to their party. Generally, the plaintiff makes the first closing statement and has a right of rebuttal after the defendant's closing argument.
and:
http://public.findlaw.com/library/legal-system/civil_stages_...
After the plaintiff concludes its case-in-chief and "rests," the defendant can present its own evidence in the same proactive manner, seeking to show that it is not liable for the plaintiff's claimed harm. The defense may call its own witnesses to the stand, and can present any of its own independent evidence in an effort to refute or downplay the key elements of the plaintiff's legal allegations. Once the defense has rested, the plaintiff has an opportunity to respond to the defense's arguments through a process known as "rebuttal," a brief period during which the plaintiff may only contradict the defense's evidence (rather than present new arguments). Sometimes, the defense may in turn have a chance to respond to the prosecution's rebuttal.
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Note added at 13 hrs 39 mins (2005-09-10 09:03:44 GMT)
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sorry...I just saw the link of the first entry is missing:
http://www.webster.com/cgi-bin/dictionary?book=Dictionary&va...
Peer comment(s):
| agree |
Alexandra Tussing
1 hr
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thanks
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| agree |
Michael Fratus
: I do believe you are most certainly correct. In this case, it is a matter of law.
10 hrs
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thanks
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| agree |
Bonita Mc Donald
: Very well researched
10 hrs
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thanks
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| agree |
Alfa Trans (X)
11 hrs
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thanks
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| neutral |
RHELLER
: noun rebuttal is a legal term with a very precise meaning and does not apply here// because a rebuttal is a prepared statement given by a attorney pleading a case in court (that's like comparing A play to the verb to play)+repel is totally off-base here
18 hrs
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and why not?
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