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recuse

English translation: to disqualify as judge

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:recuse
English translation:to disqualify as judge
Entered by: xxxlgbirt
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15:41 Jan 11, 2002
English to English translations [PRO]
Law/Patents
English term or phrase: recuse
To recuse self from
xxxlgbirt
to disqualify oneself/to remove oneself (from a case)
Explanation:
Bryan Garner's Dictionary of Modern Legal Usagë:

"recuse; disqualify. The two words are not quite interchangeable in modern legal usage. Disqualify might be used in place of recuse, but the reverse does not hold tru. Disqualify, the broader term, may be used of witnesses, for example, as well as of judges, whereas recuse is applied only to one who sits in judgment (usu. judges or jurors)."

The "Shark-talk" dictionary at www.nolo.com doesn't have "recuse" but it does have "recusal": http://www.nolo.com/lawcenter/dictionary/dictionary_listing....
And in that definition, it applies recusal only to judges and prosecutors.

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Note added at 2002-01-11 16:11:21 (GMT) Post-grading
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Maybe they think we\'re all fans of the Law and Order TV show. (I\'m not a fan; I\'m an addict.)
Selected response from:

Liv Bliss
Local time: 14:37
Grading comment
Thank you. I asked many people here at work (well educated folks) but no one had or could find a definition. Why does the media use terms which the general public cannot digest?
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +4to disqualify oneself/to remove oneself (from a case)
Liv Bliss
4 +2Excuse oneself from a case
Kim Metzger
4 +1explanation below
Nikki Graham
4to challenge, to object (an argument)
Maya Jurt
4Îòâîäèòü
Natalia Bearden


Discussion entries: 1





  

Answers


7 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
Îòâîäèòü


Explanation:
(ñóäüþ, ïðèñÿæíûõ)

"Îòâîä ñîáñòâåííîé êàíäèäàòóðû..."

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Note added at 2002-01-11 15:53:12 (GMT)
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recusation - îòâîä (ñóäüè, ïðèñÿæíûõ)
recusable - îñòàâëÿþùèé âîçìîæíîñòü îòêàçà
recusancy - íåïîä÷èíåíèå
recusant - îòêàçûâàþùèéñÿ ïîä÷èíÿòüñÿ âëàñòÿì, çàêîíàì

(Þðèäè÷. è Äèïëîìàòè÷åñêèé ñëîâàðè)

Natalia Bearden
Local time: 14:37
PRO pts in pair: 33

Peer comments on this answer (and responses from the answerer)
neutral  Liv Bliss: Natalie - am I hallucinating or do you know something about Igbirt that I don't know--or is this labeled as an English monolingual question?
5 mins
  -> Oh, my... So-o-- sorry! You are not the one hallucinating: I just got up, saw a question, typed something... Only after your responces started arriving did I realize what was happening... Please, don't shoot me :o)
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10 mins   confidence: Answerer confidence 5/5 peer agreement (net): +4
to disqualify oneself/to remove oneself (from a case)


Explanation:
Bryan Garner's Dictionary of Modern Legal Usagë:

"recuse; disqualify. The two words are not quite interchangeable in modern legal usage. Disqualify might be used in place of recuse, but the reverse does not hold tru. Disqualify, the broader term, may be used of witnesses, for example, as well as of judges, whereas recuse is applied only to one who sits in judgment (usu. judges or jurors)."

The "Shark-talk" dictionary at www.nolo.com doesn't have "recuse" but it does have "recusal": http://www.nolo.com/lawcenter/dictionary/dictionary_listing....
And in that definition, it applies recusal only to judges and prosecutors.

--------------------------------------------------
Note added at 2002-01-11 16:11:21 (GMT) Post-grading
--------------------------------------------------

Maybe they think we\'re all fans of the Law and Order TV show. (I\'m not a fan; I\'m an addict.)

Liv Bliss
Local time: 14:37
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4
Grading comment
Thank you. I asked many people here at work (well educated folks) but no one had or could find a definition. Why does the media use terms which the general public cannot digest?

Peer comments on this answer (and responses from the answerer)
agree  Nikki Graham
2 mins

agree  Natalia Bearden: Agrees with the answer I was trying to give in Russian :o) Thanks for straightening me up!
11 mins
  -> No, really, I thought I was the one who had messed up. (It is my hobby, after all.) ;-)

agree  Julia Bogdan Rollo
11 hrs

agree  Tatiana Neroni
42 days
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11 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
explanation below


Explanation:
of a judge: withdraw from hearing a case becuase of a possible conflict of interest or lack of impartiality (New Shorter Oxford),

and that should be recuse onself from, I think.

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Note added at 2002-01-11 15:54:41 (GMT)
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and it should also be because in my answer - one of my most annoying typing errors!

Nikki Graham
United Kingdom
Local time: 22:37
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
agree  Tatiana Neroni
42 days
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12 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
Excuse oneself from a case


Explanation:
because of possible lack of impartiality. For example, if a judge is a personal friend of someone who is accused of a crime, he or she would recuse her/himself from hearing the case.


    Shorter Oxford
Kim Metzger
Mexico
Local time: 16:37
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 2249

Peer comments on this answer (and responses from the answerer)
agree  Nikki Graham
1 min

agree  Tatiana Neroni
42 days
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13 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
to challenge, to object (an argument)


Explanation:
I don't know about an English term "to recuse", this seems to be the French word "récuser".

récuser: to challenge (a witness)
to object (an argument)

se récuser: to decline to give an opinion or to accept a responsibility.

In English, there is "recusancy":
(to refuse): refusal to accept or obey an established authority.

Maya Jurt
Switzerland
Local time: 23:37
Native speaker of: Native in GermanGerman, Native in FrenchFrench
PRO pts in pair: 19

Peer comments on this answer (and responses from the answerer)
neutral  Kim Metzger: Maya, get a good English dictionary.
3 mins
  -> Kim, check the glossary

neutral  Liv Bliss: Garner's Dictionary of Modern Legal Usage has a lengthy discussion of how the term mutated in the US from "object to (a judge [he doesn't mention "argument" or "opinion"])" to "remove oneself"
4 mins

neutral  Tatiana Neroni: To recuse is the exact legal term for all the above explanations.
42 days
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