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prosecute an action

English translation: to conduct / proceed with / pursue an action [for dissolution] // to commence and carry out a legal action

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:prosecute an action
Selected answer:to conduct / proceed with / pursue an action [for dissolution] // to commence and carry out a legal action
Entered by: mike23

18:16 Apr 25, 2015
English language (monolingual) [PRO]
Law/Patents - Law (general) / Marital Settlement Agreement
English term or phrase: prosecute an action
SANDRA reserves the right to prosecute any action for dissolution of marriage which she has brought or may hereafter bring and defend any action which has been or may be commenced by DAVID. DAVID reserves the right to prosecute any action for dissolution of marriage which he has brought or may hereafter bring and defend any action which has been or may be commenced by SANDRA.

http://www.apexcle.com/productfiles/index.php?method=get&fil...

The question is about the meaning of the phrase in question. Pick one of the below ideas or suggest your own.

1) to take legal action (general)
2) to file a lawsuit (more specific)
3) to commence and continue an action
4) to file a lawsuit and continue to proceed into civil litigation
5) other/your idea

Thank you. Any help is appreciated.
mike23
Poland
Local time: 14:15
to conduct / proceed with / pursue an action [for dissolution]
Explanation:
To my mind it means nothing more nor less than this.

1. "Prosecute an action" can mean, or include, commencing or bringing an action, but here, strictly speaking, it doesn't, because it refers to prosecuting an action that has been or may be brought or commenced. So it refers to what is done after the action has commenced. Of course the clause gives each partner the right to commence an action, but in this particular case the word "prosecute" doesn't refer to that.

2. Prosecuting an action doesn't necessarily mean pursuing an action to its conclusion; that is to say, I don't think the term carries any such implication here. Either partner may do so, or may abandon the action at any point, as they may decide. In other words, the clause says nothing about whether or not the action will be pursued to its conclusion.

3. It doesn't refer to any action other than strictly an action for dissolution of marriage. So it doesn't refer to a lawsuit or any other kind of litigation.

4. It's important to note that in most US states (this is boilerplate US language) "dissolution of marriage" means the same as divorce, but in some states (including, for example, Ohio) they are not the same thing, and a dissolution of marriage is effectively a legal separation that does not end the marriage.

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Note added at 14 hrs (2015-04-26 09:12:21 GMT)
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Under 2, what I mean is that reserving the right "prosecute an action" gives the person the right to pursue the action to its conclusion or to pursue the action and then abandon it at some point: either.
Selected response from:

Charles Davis
Spain
Local time: 14:15
Grading comment
Thanks and cheers!
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
4 +2to conduct / proceed with / pursue an action [for dissolution]
Charles Davis
3to commence and continue an action to its ultimate conclusion
Ghyslaine LE NAGARD


  

Answers


20 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
to commence and continue an action to its ultimate conclusion


Explanation:
-

Ghyslaine LE NAGARD
New Caledonia
Specializes in field
Native speaker of: Native in FrenchFrench, Native in EnglishEnglish
Notes to answerer
Asker: Thank you

Login to enter a peer comment (or grade)

14 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
to conduct / proceed with / pursue an action [for dissolution]


Explanation:
To my mind it means nothing more nor less than this.

1. "Prosecute an action" can mean, or include, commencing or bringing an action, but here, strictly speaking, it doesn't, because it refers to prosecuting an action that has been or may be brought or commenced. So it refers to what is done after the action has commenced. Of course the clause gives each partner the right to commence an action, but in this particular case the word "prosecute" doesn't refer to that.

2. Prosecuting an action doesn't necessarily mean pursuing an action to its conclusion; that is to say, I don't think the term carries any such implication here. Either partner may do so, or may abandon the action at any point, as they may decide. In other words, the clause says nothing about whether or not the action will be pursued to its conclusion.

3. It doesn't refer to any action other than strictly an action for dissolution of marriage. So it doesn't refer to a lawsuit or any other kind of litigation.

4. It's important to note that in most US states (this is boilerplate US language) "dissolution of marriage" means the same as divorce, but in some states (including, for example, Ohio) they are not the same thing, and a dissolution of marriage is effectively a legal separation that does not end the marriage.

--------------------------------------------------
Note added at 14 hrs (2015-04-26 09:12:21 GMT)
--------------------------------------------------

Under 2, what I mean is that reserving the right "prosecute an action" gives the person the right to pursue the action to its conclusion or to pursue the action and then abandon it at some point: either.

Charles Davis
Spain
Local time: 14:15
Native speaker of: English
PRO pts in category: 136
Grading comment
Thanks and cheers!
Notes to answerer
Asker: Great explanation. Thank you, Charles.


Peer comments on this answer (and responses from the answerer)
agree  B D Finch
2 hrs
  -> Thanks! Enjoy your Sunday (if possible)
agree  AllegroTrans: indeed, and in UK/Commonwealth and USA we would usually say "petition for divorce"
1 day 3 hrs
  -> Yes, true. I find this a little strange, frankly, but there are a number of model agreements phrased just like this on the Internet. Thanks!
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