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Vonnis op tegenspraak, tegensprekelijk

English translation: Judgment after trial

19:24 Sep 15, 2006
Dutch to English translations [PRO]
Law/Patents - Law (general)
Dutch term or phrase: Vonnis op tegenspraak, tegensprekelijk
An oldie but goodie for which I am unable to come up with a decent English equivalent, is the term “tegensprekelijk”, often used in Flemish (and I would presume Dutch) legal jargon.
Although this term has been dealt with in the past on proz.com (in a non-legal context) with valued suggestions such as “refuted, disputed”, what I am looking for is the appropriate English (UK) legal term describing the fact that a finding by a court of law or any of the arguments put forward by a counterparty in a dispute is open to be disputed (by either party involved in a court case). For example, the judge may find the defendant guilty and sentence him. The court ruling however is invariably “tegensprekelijk”, i.e. the sentenced party has legal remedies available to him to challenge the court’s decision.
Various phrases from the court ruling I am translating that hold the term include “rechtdoende op tegenspraak” (at the end of the ruling, which is to be read as : it has pleased the court to find that/to dispense justice … in a manner that is open to be disputed”), next to “vonnis op tegenspraak”, “tegensprekelijk vonnis” … Terms that come to mind are “disputable, challengeable, protestable, gainsayble, contestable, refutable … open to be contended, disputed, challenged, protested, contested”? Any help would be much appreciated. Thanks.
Jacques S.
Local time: 15:13
English translation:Judgment after trial
Explanation:
Volgens Eurodicautom is dit de term.
Selected response from:

Katrien De Clercq
Local time: 15:13
Grading comment
Thank you very much everybody. Having checked suggested terms on UK Google (UK pages only) which I tend to use as something of a benchmark reference, "judgement after trial" appears to be a term that is used to this effect in the UK (even thoughg it possibly does not quite entirely cover what is meant in Flanders/Holland). What it does do however is offer a concise usable phrase.
Thank you very much to Adam for taking the pain to offer a word of explanation. Thank you to Jarry, Sevan and Meturgan for the help. Much appreciated.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1judgment in a defended action
jarry (X)
4Comments ***
Adam Smith
3Judgment after trial
Katrien De Clercq


  

Answers


12 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
Judgment after trial


Explanation:
Volgens Eurodicautom is dit de term.

Katrien De Clercq
Local time: 15:13
Native speaker of: Native in DutchDutch, Native in FlemishFlemish
PRO pts in category: 10
Grading comment
Thank you very much everybody. Having checked suggested terms on UK Google (UK pages only) which I tend to use as something of a benchmark reference, "judgement after trial" appears to be a term that is used to this effect in the UK (even thoughg it possibly does not quite entirely cover what is meant in Flanders/Holland). What it does do however is offer a concise usable phrase.
Thank you very much to Adam for taking the pain to offer a word of explanation. Thank you to Jarry, Sevan and Meturgan for the help. Much appreciated.
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9 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
judgment in a defended action


Explanation:
Jurlex ; judgment given after full arguments on both sides

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Note added at 15 mins (2006-09-15 19:39:38 GMT)
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tegensprekelijk = contradictory

jarry (X)
South Africa
Local time: 15:13
Specializes in field
Native speaker of: English
PRO pts in category: 334

Peer comments on this answer (and responses from the answerer)
neutral  Arsen Nazarian: Even after full arguments are heard it is still open to challenge
2 hrs
agree  Meturgan: *Op tegenspraak* = De verwerende partij verschijnt op de zitting en komt tot een regeling of betwist de vordering. In tegenstelling tot *bij verstek* = verwerende partij verschijnt niet op de zitting.
12 hrs
  -> Thank you
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15 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Comments ***


Explanation:
There is no direct UK equivalent to this (your question makes reference to the UK only). As Meturgan points out "op tegenspraak" refers to the fact that both parties appeared before the court to argue the case or appeal against the judgment. Previous proz answers have translated this as:

"judgment given after full argument on both sides" (http://www.proz.com/kudoz/102367?rifle_url=101169,101278,102...

However, in the UK - where this is the norm - the ensuing decision is just referred to as the "judgment". The judge may or may not grant the parties "leave to appeal (to a higher court)".

The defendant may "dispute" the claim or submit a "counter-claim"; this would correspond to "tegensprekelijk".

So, these would be rendered as "judgment", "appeal" or "dispute / counter-claim" depending on the context. There may be some merit in incl. the original with a comment for a UK audience.

This only applies to the law in England & Wales (and prob. Scotland), other (former) Commonwealth jurisdictions might have alternative terms.

HTH!

Adam Smith
United Kingdom
Local time: 14:13
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 172
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