Glossary entry (derived from question below)
Italian term or phrase:
giurisprudenza di merito
English translation:
judicial decisions concerning the substance
Added to glossary by
GillW (MCIL)
Aug 8, 2010 20:11
14 yrs ago
19 viewers *
Italian term
All matters financial
Native in: English (Variant: British)
Works in: French to English, Spanish to English, Italian to English
giurisprudenza di merito
Italian to English
Law/Patents
Law (general)
statement in reply
contrasts with "giurisprudenza di legittimita"
TIA
TIA
Proposed translations
(English)
| 3 | judicial decisions concerning the substance |
Oliver Lawrence
|
| 5 | Tribunal court precedents |
Rachael Alexander
|
| 4 | case law from the merits courts |
Thomas Roberts
|
References
| Previous Kudoz reply |
Mr Murray (X)
|
Proposed translations
9 hrs
Oliver Lawrence
Italy
Italy
Native in English
Works in field
Italy
Texts with zest by a Chartered Linguist
Native in: English (Variants: British, UK)
Works in: Italian to English, English
Related KudoZ points
:
268
Selected
judicial decisions concerning the substance
If a contrast with giurisprudenza di legittimita' is required, I think something slightly stronger and clearer than 'relevant' is warranted in this case.
The eur-lex reference below has exactly the same constrast to make, and chooses to do so with the term above.
The eur-lex reference below has exactly the same constrast to make, and chooses to do so with the term above.
4 KudoZ points awarded for this answer.
16 hrs
Thomas Roberts
Native in Italian
&
English
Specializes in field
Multilingual academic lawyer
Native in: English (Variant: Scottish) 
, Italian (Variants: Calabrian (Calabrese), Standard-Italy, Lombard)
Works in: Italian to English, German to English, French to English, and 3 more.
Related KudoZ points
:
2715
case law from the merits courts
In Italy there are three levels to the court hierarchy; the trial court (first instance) and the appeal court, which can rule on the substance (i.e. merits) of the case - i.e. did X carry out a certain action; was Y in the relevant place at the relevant time.
Giurisprudenza di legittimità refers to the case law of the Court of Cassation. Here the court will not go into substantive matters, but only review the procedural regularity of the various aspects of the case, or rule on a disputed point of law.
Giurisprudenza di legittimità refers to the case law of the Court of Cassation. Here the court will not go into substantive matters, but only review the procedural regularity of the various aspects of the case, or rule on a disputed point of law.
16 hrs
Rachael Alexander
Italy
Italy
Native in English
Specializes in field
Italy
Paralegal and translator
Native in: English
Works in: Italian to English, English to Italian
Related KudoZ points
:
94
Tribunal court precedents
as opposed to Supreme court precedents. UK/US might refer to case law but in this case they are precedents. I would probably keep the Italian in brackets in italics for the readers' reference purposes.
Peer comment(s):
| neutral |
Thomas Roberts
: Italian law doesn't have a system of "precedent" in the same sense as a common law country (and technically, even in the UK, the system of precedent only operates for the higher courts that do not rule on the merits)
13 mins
|
|
I see what you mean but I didn't say binding precedent. And a precedent by definition is not binding under ITA law so no room for confusion I reckon.
|
Reference comments
4 mins
Reference:
Previous Kudoz reply
This was fixed as relevant case law in a previous Kudoz answer.
Reference:
http://ita.proz.com/kudoz/italian_to_english/law_general/917722-giurisprudenza_di_merito.html
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