Glossary entry

Hebrew term or phrase:

כתב תשובה

English translation:

counterplea

Added to glossary by Mary Jane Shubow
Jul 16, 2009 07:16
14 yrs ago
14 viewers *
Hebrew term

כתב תשובה

Hebrew to English Law/Patents Law (general)
משום מה המושג לא נכלל במילון המשפטי שלי.
Change log

Jul 21, 2009 14:01: Mary Jane Shubow Created KOG entry

Discussion

Mary Jane Shubow Jul 16, 2009:
כתב תשובה Counter plea seems unlikely since a plea is "ta'ana". Counter response would make more sense.
Gad Kohenov (asker) Jul 16, 2009:
counter claim, reverse claim ,טענת נגד .
נעלמת שי! יצאת למילואים?
Shai Navé Jul 16, 2009:
Counterplea I think that you are correct.
Gad Kohenov (asker) Jul 16, 2009:
Counter plea can this be it?

Proposed translations

+1
18 hrs
Selected

counterplea is the correct answer

The definition for counterplea is a plaintiff's reply to a defendant's plea, which corresponds to the explanation I found in Hebrew, mentioned in my previous answer. I do not know if counterplea in English has the same limitations that כתב תשובה has, but it makes sense that it would.
Example sentence:

A group of optical companies, such as Mingming has at present lodged a counterplea to the Turkey Government in opposition to its adoption of export barrier.

The [Seller] fully renewed its counterplea before the court on 4 November 1996 and simultaneously responded to the cross-action with the following request for relief:

Peer comment(s):

agree Rutie Eckdish : Agree
13 hrs
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4 KudoZ points awarded for this answer. Comment: "Thanks. They should add it to legal dictionaries. Thanks everyone for participating."
4 hrs

Answer

answer
n. in law, a written pleading filed by a defendant to respond to a complaint in a lawsuit filed and served upon that defendant.

You may find the attached link very helpful in your future translations.
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8 hrs

Reply

In the UK, the term Reply is used. It usually is a response to a list of items - usually requests for further and better particulars of something already pleaded and is not called a Defence because a Reply can be used by either side in a case if the other side has asked questions. I have dealt with many such documents for barristers and Queens Counsel. On such a document, the word "Reply" usually appears at the top of the pleading after the court, case number and parties and before any numbered paragraphs. The numbering of the paragraphs usually follows the numbering of the original questions which the reply is addressing and ideally it follows that numbering point by point. I hope this is helpful.
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8 hrs

counter response

I'm not familiar with legal terminology but response makes more sense than plea because plea is usually "taana"
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18 hrs

response (of the prosecution to the defense plea)

According to an explanation I found in Hebrew, after the prosecution submits a claim (כתב תביעה), the defendant submits a defense plea (כתב הגנה). At this point the prosecutor can submit a response (כתב תשובה) to the defense plea. There are limitations as to what can be included in this response. It must have new facts that respond to the claims made in the defense plea and cannot include new claims against the defendent. From searching English legal texts, I cannot find any specific term for this other than response.
Example sentence:

ככלל, לאחר הגשת כתב תביעה הנתבע מגיש כתב הגנה ולאחר מכן התיק נקבע לדיון, אולם התובע רשאי להגיש כתב תשובה לכתב ההגנה.

כתב תשובה לעתירה מנהלית 573/07 שהוגשה נגד מדינת ישראל - משרד הבינוי והשיכון

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