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first amended petition

English translation: petition filed, then amended

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:first amended petition
English translation:petition filed, then amended
Entered by: Iolanta Vlaykova Paneva
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11:29 May 18, 2005
English to English translations [PRO]
Law/Patents - Law (general)
English term or phrase: first amended petition
Appellants designated three record items for this appeal: (1) The first amended petition filed June 19, 1973; (2) The demurrer to first amended petition filed August 8, 1973; and (3) The order nunc pro tunc filed September 9, 1974. There was no counter-designation......
Iolanta Vlaykova Paneva
Canada
Local time: 13:52
petition filed, then amended
Explanation:
A petition is a written application to a court requesting a remedy available under law. Once it has been submitted it may be amended. That would make it the "first amended petition".

A demur is a formal objection to an opponent's pleading.

A demurrer is a pleading filed by the defendant that the complaint as filed is not sufficient to require an answer.

"nunc pro tunc"
Nunc pro tunc literally means "now for then."

Occasionally, a court or party to a divorce forgets to file the papers necessary to obtain the final decree (after the interlocutory judgment has been granted), and the result is that the divorce never becomes final. If the oversight presents a problem (for example, one party has already remarried, or there is a tax advantage to being divorced earlier), the court may agree to issue a nunc pro tunc order, which grants the final divorce retroactive to the earlier date.

This phrase is used to express that a thing is done at one time which ought to have been performed at another. Leave of court must be obtained to do things nunc pro tunc, and this is granted to answer the purposes of justice, but never to do injustice. A judgment nunc pro tunc can be entered only when the delay has arisen from the act of the court.
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Robert Donahue
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3 +4petition filed, then amendedRobert Donahue


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Answers


40 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +4
petition filed, then amended


Explanation:
A petition is a written application to a court requesting a remedy available under law. Once it has been submitted it may be amended. That would make it the "first amended petition".

A demur is a formal objection to an opponent's pleading.

A demurrer is a pleading filed by the defendant that the complaint as filed is not sufficient to require an answer.

"nunc pro tunc"
Nunc pro tunc literally means "now for then."

Occasionally, a court or party to a divorce forgets to file the papers necessary to obtain the final decree (after the interlocutory judgment has been granted), and the result is that the divorce never becomes final. If the oversight presents a problem (for example, one party has already remarried, or there is a tax advantage to being divorced earlier), the court may agree to issue a nunc pro tunc order, which grants the final divorce retroactive to the earlier date.

This phrase is used to express that a thing is done at one time which ought to have been performed at another. Leave of court must be obtained to do things nunc pro tunc, and this is granted to answer the purposes of justice, but never to do injustice. A judgment nunc pro tunc can be entered only when the delay has arisen from the act of the court.



    Reference: http://www.lectlaw.com/def2/n083.htm
Robert Donahue
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 24
Grading comment
Tks

Peer comments on this answer (and responses from the answerer)
agree  Charlesp
1 hr
  -> Thank you Charles

agree  Elizabeth Rudin: A very clear and concise explanation.
4 hrs
  -> Thank you Elizabeth

agree  Can Altinbay: Very nice, Robert.
4 hrs
  -> Thank you very much Can. : )

agree  xxxAlfa Trans
1 day3 hrs
  -> Thank you Marju
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