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grave colpa cosciente

Glossary entry

Italian term or phrase:

superamento del dubbio

English translation:

resolves his doubts

Added to glossary by volgil
May 1, 2011 11:08
13 yrs ago
2 viewers *
Italian term

superamento del dubbio

Italian to English Law/Patents Law (general) court summons
Hello, is there a strictly legalese trans of "superamento del dubbio"?
il dolo eventuale presuppone che il 'superamento del dubbio' si risolve positivamente
Proposed translations (English)
4 +1 resolves his doubts
4 +3 beyond a reasonable doubt
4 could not have ha any doubt

Discussion

Adele Fenstermacher May 1, 2011:
Ahh, a workers compensation claim! Got it...contributory negligence is what we lawyers call an affirmative defence. Thanks for the clarification and good luck.
volgil (asker) May 1, 2011:
from what I understand its a summons to appear before the court to answer to certain allegations previously made in a compensation claim - which the company is denying - that make sense?
Adele Fenstermacher May 1, 2011:
Are you sure that you are working on a summons? Looks more like the complaint. A summons is a legal document that calls the defendant to court and requires him to answer/respond to the complaint. The reason I am asking is that you have an unusual amount of information for a summons.
volgil (asker) May 1, 2011:
Here it is: Il dolo eventuale presuppone che il "superamento del dubbio" si risolva positivamente ("volizione"), serbando l'agente quella condotta anche a costo di cagionare l'evento, volitivamente accettandolo, quindi, nella sua prospettata verificazione;
James (Jim) Davis May 1, 2011:
Five or six lines of the surrounding Italian text would help a lot and save time with all your posts.

Proposed translations

+1
3 hrs
Selected

resolves his doubts

i.e., the agent resolves his doubts and thus acts willfully (hence the "volizione" mentioned).

The reasonable doubt Adele mentioned would seem more appropriate to a discussion of the standard of proof, which doesn't seem relevant here. I think the concept is fairly straightforward, but just put in unnecessarily convoluted language

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Note added at 3 hrs (2011-05-01 14:21:00 GMT)
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clearly this translation also includes the concept of "positivamente" later on in the sentence
Note from asker:
yes it does - thank you
Peer comment(s):
agree Glen or Margarita Olives : I agree but I would say " resolves any doubt" (any doubt is resolved ...)
1 hr
thanks Glen (or Margarita)
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "thanks for your help "
+3
1 hr

beyond a reasonable doubt

Criminal cases: beyond a reasonable doubt.
Civil cases: by a preponderance of evidence.

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Note added at 1 hr (2011-05-01 12:21:12 GMT)
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Also: burden of proof, burden of evidence

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Note added at 4 hrs (2011-05-01 15:14:17 GMT)
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Also following Simon's comment: "setting aside his doubts"
Peer comment(s):
agree Sylvia Gilbertson
2 hrs
Thanks, Sylvia.
agree Barbara Cochran, MFA
3 hrs
Thanks, Barbara.
agree Magdalena Wysmyk
4 hrs
Thanks Magdalena.
Something went wrong...
6 hrs

could not have ha any doubt

... that the agent could not have had any doubt as to the consequence of his actions


Lawyers often use "could" when imputing a state of mind, i.e. presuming negligence ir recklessness in this case.
Something went wrong...
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