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Well-pleaded allegation rule

Italian translation: regola process. dell'allegazione basata sulla violazione della Costituzione o del diritto federale

10:01 Mar 30, 2020
English to Italian translations [PRO]
Law/Patents - Law (general)
English term or phrase: Well-pleaded allegation rule
When ruling on a motion for default judgment, the Court is required to take all well-pleaded allegations in the complaint as true.
Under the well-pleaded allegations rule, the Court may ascertain Plaintiffs’ damages by virtue of reviewing these instruments.

Come tradurreste "well pleaded allegation rule" ?
Testo di diritto statunitense.
È urgentissimo!!!

Grazie
Lorenzo Rossi
Switzerland
Local time: 03:05
Italian translation:regola process. dell'allegazione basata sulla violazione della Costituzione o del diritto federale
Explanation:
...da parte del convenuto.
(qualcosa di simile, io la metterei in nota o con una breve perifrasi)


A rule in civil procedure stating that, in order for federal question jurisdiction to be granted, a plaintiff's "well-pleaded complaint" must state that the defendant directly violated some provision of the Constitution or federal law.

https://www.quimbee.com/keyterms/well-pleaded-complaint-rule

As the “master of their complaints,” plaintiffs are given immense flexibility in presenting their claims as they see fit. However, in attempting to circumvent federal question jurisdiction, some plaintiffs are increasingly and deliberately pleading federal law claims as arising solely under state law. Consequently, plaintiffs are requiring defendants who routinely remove state law actions to federal court to establish that a given plaintiff’s state law claims, in fact, arise under federal law, such that federal question jurisdiction exists, so as to prevent the inevitable motion to remand.

https://www.troutman.com/images/content/4/3/v1/4388/Well-Ple...

https://dictionary.findlaw.com/definition/well-pleaded-compl...
Selected response from:

Carolina Nicosia
Italy
Local time: 03:05
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +1regola process. dell'allegazione basata sulla violazione della Costituzione o del diritto federale
Carolina Nicosia


  

Answers


2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
well-pleaded allegation rule
regola process. dell'allegazione basata sulla violazione della Costituzione o del diritto federale


Explanation:
...da parte del convenuto.
(qualcosa di simile, io la metterei in nota o con una breve perifrasi)


A rule in civil procedure stating that, in order for federal question jurisdiction to be granted, a plaintiff's "well-pleaded complaint" must state that the defendant directly violated some provision of the Constitution or federal law.

https://www.quimbee.com/keyterms/well-pleaded-complaint-rule

As the “master of their complaints,” plaintiffs are given immense flexibility in presenting their claims as they see fit. However, in attempting to circumvent federal question jurisdiction, some plaintiffs are increasingly and deliberately pleading federal law claims as arising solely under state law. Consequently, plaintiffs are requiring defendants who routinely remove state law actions to federal court to establish that a given plaintiff’s state law claims, in fact, arise under federal law, such that federal question jurisdiction exists, so as to prevent the inevitable motion to remand.

https://www.troutman.com/images/content/4/3/v1/4388/Well-Ple...

https://dictionary.findlaw.com/definition/well-pleaded-compl...

Carolina Nicosia
Italy
Local time: 03:05
Specializes in field
Native speaker of: Native in ItalianItalian
PRO pts in category: 42

Peer comments on this answer (and responses from the answerer)
agree  Adrian MM.: assuming this is the USA or Canada. Makes no sense for the UK or Ireland.
23 hrs
  -> indeed :-) Thank you Adrian
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