IMEDIATA PROCEDÊNCIA DA EXCEPÇÃO DILATÓRIA DE IMPOSSIBILIDADE ORIGINÁRIA DA LIDE

English translation: IMMEDIATE GRANT OF THE DILATORY EXCEPTION THAT THE CLAIM IS BASELESS

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:IMEDIATA PROCEDÊNCIA DA EXCEPÇÃO DILATÓRIA DE IMPOSSIBILIDADE ORIGINÁRIA DA LIDE
English translation:IMMEDIATE GRANT OF THE DILATORY EXCEPTION THAT THE CLAIM IS BASELESS
Entered by: Douglas Bissell

08:28 Jun 2, 2019
Portuguese to English translations [PRO]
Law/Patents - Law (general)
Portuguese term or phrase: IMEDIATA PROCEDÊNCIA DA EXCEPÇÃO DILATÓRIA DE IMPOSSIBILIDADE ORIGINÁRIA DA LIDE
DA EVENTUAL REPERCUSSÃO DA ACÇÃO DE REVISÃO DE SENTENÇA ESTRANGEIRA NA PRESENTE ACÇÃO

DA IMEDIATA PROCEDÊNCIA DA EXCEPÇÃO DILATÓRIA DE IMPOSSIBILIDADE ORIGINÁRIA DA LIDE, COM A CONSEQUENTE ABSOLVIÇÃO DA INSTÂNCIA DA 1.ª RÉ
Douglas Bissell
Portugal
Local time: 08:24
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.
Selected response from:

MARK ROBERTSON
Local time: 08:24
Grading comment
Thanks for the help!
4 KudoZ points were awarded for this answer



Summary of answers provided
4IMMEDIATE GRANT OF THE DILATORY EXCEPTION THAT THE CLAIM IS BASELESS
MARK ROBERTSON
3IMMEDIATE ADMISSIBILITY OF THE (AmE) DILATORY PLEA> (BrE) DEFENCE> OF CAUSE-OF-ACTION ESTOPPEL
Adrian MM.


  

Answers


53 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
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.

MARK ROBERTSON
Local time: 08:24
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 963
Grading comment
Thanks for the help!
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
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):
  • 1) A instância é julgada extinta, por inutilidade superveniente da lide. eur-lex.europa.eu 1. There is no need to adjudicate on the action eur-lex.europa.eu
  • The doctrine of estoppel by res judicata has two principles: issue estoppel and cause of action estoppel.

    Reference: http://www.proz.com/personal-glossaries/entry/11152177-excep...
    www.vocabulary.com/dictionary/dilatory plea
Adrian MM.
United Kingdom
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 36
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