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giurisprudenza di merito

English translation: judicial decisions concerning the substance

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Italian term or phrase:giurisprudenza di merito
English translation:judicial decisions concerning the substance
Entered by: GillW (MCIL)
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20:11 Aug 8, 2010
Italian to English translations [PRO]
Law/Patents - Law (general) / statement in reply
Italian term or phrase: giurisprudenza di merito
contrasts with "giurisprudenza di legittimita"

TIA
GillW (MCIL)
Local time: 06:54
judicial decisions concerning the substance
Explanation:
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.
Selected response from:

Oliver Lawrence
Italy
Local time: 07:54
Grading comment
4 KudoZ points were awarded for this answer

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Summary of answers provided
5Tribunal court precedentsBrannigan
4case law from the merits courts
Thomas Roberts
3judicial decisions concerning the substance
Oliver Lawrence
Summary of reference entries provided
Previous Kudoz replyxxxMr Murray

  

Answers


9 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
judicial decisions concerning the substance


Explanation:
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.


    Reference: http://eur-lex.europa.eu/Notice.do?mode=dbl&lang=en&lng1=en,...
Oliver Lawrence
Italy
Local time: 07:54
Works in field
Native speaker of: English
PRO pts in category: 268
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16 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
case law from the merits courts


Explanation:
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.

Thomas Roberts
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in ItalianItalian
PRO pts in category: 2712
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16 hrs   confidence: Answerer confidence 5/5
Tribunal court precedents


Explanation:
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.

Brannigan
Italy
Local time: 07:54
Specializes in field
Native speaker of: English
PRO pts in category: 94

Peer comments on this answer (and responses from the answerer)
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.
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Reference comments


4 mins
Reference: Previous Kudoz reply

Reference information:
This was fixed as relevant case law in a previous Kudoz answer.


    Reference: http://ita.proz.com/kudoz/italian_to_english/law_general/917...
xxxMr Murray
Italy
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 40
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