Recover a verdict

T

TheGuv_nor

New Member
Jurisdiction
New York
Hello,

I am not sure I am in the right place, however please point me to the right one if I am in the wrong one.

I am doing a translation of a New York law based court case, and I stumbled upon many unknown expressions that do not exist in my language (not import which), so it is possible I will create more threads, sorry about that. The first problem is the following expression:

"In the event plaintiff recovers a verdict or judgment against this defendant..."

What does "recover a verdict" specifically mean in this sentence? I need a detailed explanation.

Thank you very much for the answer.
 
TheGuv_nor said:
Hello,

I am not sure I am in the right place, however please point me to the right one if I am in the wrong one.

I am doing a translation of a New York law based court case, and I stumbled upon many unknown expressions that do not exist in my language (not import which), so it is possible I will create more threads, sorry about that. The first problem is the following expression:

"In the event plaintiff recovers a verdict or judgment against this defendant..."

What does "recover a verdict" specifically mean in this sentence? I need a detailed explanation.

Thank you very much for the answer.
Click to expand...

Your translator appears to be less than exact.
I suppose it should read, RECEIVES A VERDICT OR JUDGMENT
 
Thank you very much for the answer.

It is not the translator that wrote that text, this sentence is the original text, means it is the text from which the translation is done. So are you sure it is "receives"? I couldn't make any sense out of "recovers".
 
TheGuv_nor said:
it is possible I will create more threads
Click to expand...

Do not ever create more threads. Keep all of your discussions to this thread as it will be all one topic and the more background we have in one place the better will be any answers you get.

TheGuv_nor said:
The first problem is the following expression:

"In the event plaintiff recovers a verdict or judgment against this defendant..."

What does "recover a verdict" specifically mean in this sentence? I need a detailed explanation.
Click to expand...

It's difficult to address a single phrase taken out of context like that but at it's simplest it appears to be the equivalent of "In the event plaintiff obtains a verdict or judgment against this defendant..." or "In the event plaintiff is awarded a verdict or judgment against this defendant..." or "In the event plaintiff gets a verdict or judgment against this defendant..." or "In the event plaintiff wins a verdict or judgment against this defendant..." or, as previously stated, "In the event plaintiff receives a verdict or judgment against this defendant..."

There may be other ways of saying the same thing, but you should have the idea by now.

Please provide the citation of the case or a link to it and list all of the words and phrases that give you difficulty and we'll take care of them for you all at once which is highly preferable to one at a time.
 
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Thank you for your answers, all right, I will try to list as many phrases as possible at once, although that is hard since the text is a long one and I stumble upon them as I progress with the translation. Here are the first ones, however I would need only a paraphrase of those, there are explanations on the web what they mean, however they are difficult to formulate in my language.

How to rewrite/paraphrase:
NOTICE OF MOTION -
VERIFIED COMPLAINT -
NOTE OF ISSUE -
NOTICE TO PRODUCE -
Res Ipsa Loquitor -
AFFIDAVIT OF SERVICE -
All outstanding responses to Discovery and Inspection requests...(what is meant by "Discovery"? Discovery of what?) -
CENTRAL COMPLIANCE -
AFFIRMATION OF GOOD FAITH -
DATE PURCHASED (no context here, is it meant to buy, literally?)

That is all for now, ty.
 
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What language are you trying to translate into?

I'll do the best I can but some of that is out of context.

NOTICE OF MOTION -

Motion: A written or oral application made to a court or judge to obtain a ruling or order directing that some act be done in favor of the applicant. The applicant is known as the moving party, or the Movant.

Notice of Motion: A formal notice to participants in litigation of an intent to seek specific relief in an action.

VERIFIED COMPLAINT -

Complaint: A complaint initiates a civil lawsuit by setting forth for the court a claim for relief from damages caused, or wrongful conduct engaged in, by the defendant. The complaint outlines all of the plaintiff's theories of relief, or causes of action.

Verification refers to a declaration under oath or upon penalty of perjury that a statement or pleading (complaint) is true. The verification is located at the end of the complaint.

NOTE OF ISSUE: A note of issue is used to have the court's clerk enter a case upon the court calendar for trial.

DISCOVERY: a fact-finding process that takes place after a lawsuit has been filed and before trial in the matter, in order to allow the parties in the case to prepare for settlement or trial. It is based upon the belief that a free exchange of information is more likely to help uncover the truth regarding the facts in issue.

Think of it as playing a card game with all the cards face up.

NOTICE TO PRODUCE: This may be the equivalent of a Request for Production which is part of the Discovery process. Each party initiates Discovery by sending written requests to the other party for the required information and documents.

Res Ipsa Loquitor: Latin, meaning "the thing speaks for itself." It is a doctrine of law that one is presumed to be negligent if he/she/it had exclusive control of whatever caused the injury even though there is no specific evidence of an act of negligence, and the accident would not have happened without negligence.

AFFIDAVIT OF SERVICE: A document, or part of a document, that says that the document was served on (delivered to) the recipient.

All outstanding responses to Discovery and Inspection requests: I'd have to read the responses to be able to explain them.

CENTRAL COMPLIANCE: Compliance is basically doing what you are told to do. "Central compliance" cannot be explained without context.

AFFIRMATION OF GOOD FAITH: "Good faith" in legal terminology refers to the use of honesty and best efforts in dealings with others. "Affirmation" is saying that something is true. "Affirmation of Good Faith" is basically somebody saying "I did act in good faith."

DATE PURCHASED (no context here, is it meant to buy, literally?) Yes, literally, the date somebody bought something.
 
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TheGuv_nor said:
Thank you for your answers, all right, I will try to list as many phrases as possible at once, although that is hard since the text is a long one and I stumble upon them as I progress with the translation. Here are the first ones, however I would need only a paraphrase of those, there are explanations on the web what they mean, however they are difficult to formulate in my language.

How to rewrite/paraphrase:
NOTICE OF MOTION -
VERIFIED COMPLAINT -
NOTE OF ISSUE -
NOTICE TO PRODUCE -
Res Ipsa Loquitor -
AFFIDAVIT OF SERVICE -
All outstanding responses to Discovery and Inspection requests...(what is meant by "Discovery"? Discovery of what?) -
CENTRAL COMPLIANCE -
AFFIRMATION OF GOOD FAITH -
DATE PURCHASED (no context here, is it meant to buy, literally?)

That is all for now, ty.
Click to expand...

If you're trying to translate this for a legal proceeding in another nation, it might serve you best to pay a couple hundred bucks to a certified translation service.

Most courts won't accept just any translation.

If you're doing it for your own amusement or enlightenment, just do the best you can.

As a lawyer of many years, most of what you read in any court document is meaningless filler. You might have noticed by my posts, lawyers are prone to lengthy responses and replies.
 
Thank you for your answers, I will soon have almost all the answers I need, I still need the following:

WHEREFORE, it is respectfully requested that the within motion be granted in its entirety, together with such other and further relief as this Court may deem just and proper.

In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint.

What does "relief" mean in those sentences? I couldn't find a good explanation.
 
TheGuv_nor said:
Thank you for your answers, I will soon have almost all the answers I need, I still need the following:

WHEREFORE, it is respectfully requested that the within motion be granted in its entirety, together with such other and further relief as this Court may deem just and proper.

In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint.

What does "relief" mean in those sentences? I couldn't find a good explanation.
Click to expand...

Relief refers to the legal remedy or remedies that the plaintiff was seeking, or otherwise to which he or she might be legally entitled.
 
TheGuv_nor said:
So, is this some kind of compensation? Or how could I rephrase "relief"?
Click to expand...

"Relief" refers to the amount of money and any other right or property awarded to a plaintiff in a lawsuit. The granting of the motion could also be the relief sought by the person filing the motion.

Again, what language are you trying to translate into?
 
TheGuv_nor said:
Thank you for your answers, I will soon have almost all the answers I need, I still need the following:

WHEREFORE, it is respectfully requested that the within motion be granted in its entirety, together with such other and further relief as this Court may deem just and proper.

In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint.

What does "relief" mean in those sentences? I couldn't find a good explanation.
Click to expand...

Relief means "what I want". You sue, you're asking for something. Money, a restraining order, a declaration that the other person is a jerk, whatever. Those things you are asking for are the "relief".

So: the "wherefore, it is respectfully requested" means - Judge, please give me those things I have asked for.

The "in case of your failure" bit means - You, person who I am suing, if you don't file a response as required, I will get what I want by default.
 

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