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English translation: IMMEDIATE GRANT OF THE DILATORY EXCEPTION THAT THE CLAIM IS BASELESS
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| 08:28 Jun 2, 2019 |
| Portuguese to English translations [PRO] Law/Patents - Law (general) | |||||||
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|  Selected response from: Mark Robertson Local time: 03:55 | ||||||
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Answers
53 mins confidence: 
IMMEDIATE GRANT OF THE DILATORY EXCEPTION THAT THE CLAIM IS BASELESS Explanation: It appears that there is a prior foreign judgment, which, when reviewed and confirmed,will be res judicata in relation to the claim and defeat it. |
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2 hrs confidence:
IMMEDIATE ADMISSIBILITY OF THE (AmE) DILATORY PLEA> (BrE) DEFENCE> OF CAUSE-OF-ACTION ESTOPPEL Explanation: PROCEDÊNCIA - perhaps also acceptability of a defenc/se. I've never come across a dilatory 'exeption' (de novo, usually means a statutory exemption in the EN law of evidence and really should not become a KudoZ white elephant) or 'delaying' plea in the UK, but that may be my fault. Issue vs. cause-of-action estoppel: two variations on Mark R's res judicata theme. 'Issue estoppel – “…may arise when a particular issue forming a necessary ingredient in a cause of action has been litigated and decided and in subsequent proceedings between the same parties involving a different cause of action to which the same issue is relevant, one of the parties seeks to reopen the issues.” Cause of action estoppel – “…applies where a cause of action in a second action is identical to a cause of action in the first, the latter having been between the same parties or their privies and having involved the same subject matter.” ' Also for ref, mainly in a criminal context: nolle prosequi n. Latin for "we shall no longer prosecute," which is a declaration made to the judge by a prosecutor in a criminal case (or by a plaintiff in a `*civil lawsuit*) either before or during trial, meaning the case against the defendant is being dropped. Example sentence(s):
Reference: http://www.proz.com/personal-glossaries/entry/11152177-excep... www.vocabulary.com/dictionary/dilatory plea |
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