This site uses cookies. Some of these cookies are essential to the operation of the site, while others help to improve your experience by providing insights into how the site is being used. For more information, please see the ProZ.com privacy policy.
Cookie settings
τα επίπεδα λήψης αποφάσεων έχουν συμφωνηθεί και είναι καταγεγραμμένα
Πρώτος Χειρουργός, πρώτος βοηθός ...
Dec 12, 2014 12:58
9 yrs ago
6 viewers *
Greek term

"Δέχεται τυπικά και απορρίπτει κατ' ουσία"

Greek to English Law/Patents Law (general) Court Decision
Εκδόθηκε η με αριθμό [...] απόφαση η οποία απορρίπτει την ως άνω κλήση ως προς τη [...] των εκκαλουσών, δέχεται τυπικά και απορρίπτει κατ' ουσία την ως άνω έφεση.
Proposed translations (English)
4 +1 (which) formally accepts the appeal but rejects/dismisses it in substance
4 +1 accepts the appeal in form and dismisses it in substance
2 formally accepts and substantially denies

Discussion

Nick Lingris Dec 14, 2014:
With apologies, here is the correct link to Black's Law Dictionary:
http://thelawdictionary.org/form/
Peter Close Dec 14, 2014:
As I have said earlier, I [and others that I have discussed this with] feel that “formally accepts the appeal” means “formally or officially accepts that the appeal has been validly filed”. I think that we have now both provided good and complete answers to Caroline’s question to the best of our abilities, and that we must now leave it to Caroline and to others who will see our answers in future to decide how they prefer to translate the texts themselves.
Nick Lingris Dec 14, 2014:
“Τυπικά και κατ’ ουσία” is a cliché pair in Greek in the way that “in both form and substance” is in English (and that extends to their variations). The explanation of “in form” has already been given by Black’s dictionary. The question is: Has the appeal been accepted or dismissed? If an appeal is accepted in form but dismissed in substance, the appeal has been dismissed. Is that the meaning that follows from “formally accepts the appeal”?
In any case, I'd love to hear the opinion of other legal translators in the forum.
Peter Close Dec 14, 2014:
To Nick: With regard to your entry of 22:10 yesterday evening, I don’t see what this has to do with what you had asked me to clarify. All I am concerned about in this discussion is explaining the differences between “in form” and “formally” when translating the precise words of Caroline’s text, and I believe that I have done this.
Peter Close Dec 14, 2014:
[Continuing from my previous entry] On the second point, the use of the words “in form” in the context of Caroline’s text is ambiguous and conveys an obscure or double meaning, whereas the word “formally” is thoroughly clear and precise. When I discussed the wording of your answer with five highly qualified, native English speaking linguists [who are close relations of mine] yesterday evening on Skype, they all agreed that they regarded the words of your answer to mean, “accepts the outward body of the appeal but disagrees with its content”, whereas they all also agreed that the words that I used meant “officially accepting the validity of the manner in which the appeal was filed but disagreeing with its content”. This tends to confirm my feeling that although the use of the words “in form” in this context was not linguistically incorrect, it was colloquially unusual and open to misinterpretation due to its ambiguity.
Peter Close Dec 14, 2014:
To Nick: Good morning, I think that we are getting off to a red herring here. I thought that you had asked me to clarify the differences between “formally” and “in form”, especially as these words apply to Caroline’s text. [I would just like to mention here that my discussion entry of yesterday evening on this topic may have been somewhat unclear. This is because my brain functions best in the early morning and not late in the day]. I think that we mainly have to consider two points here: (1) Whether “in form” is an appropriate or usual translation of “τυπικά”, and (2) whether the words “in form” convey the intended meaning adequately clearly when translating the particular words of Caroline’s text. Starting from the first point, I personally find it disturbing that no Greek to English dictionary that I have [and I have quite a number] gives the words “in form” as being one of the alternative meanings of “τυπικά”, whereas they all mention “formally” and “officially” as being alternative interpretations of the word. If the words, “in form” are such a suitable translation of “τυπικά”, why don’t my dictionaries mention this?
Nick Lingris Dec 13, 2014:
I’ve always thought of ‘form’ and ‘substance’ as a stereotypical pair of words. Any search in Google books of the two words in legal (or other) context, with or without ‘appeal’, in phrases such as ‘in form or substance’ or ‘both form and substance’ and others, will bring up thousands of examples. I will restrict myself to this entry from Black’s Law Dictionary:
The distinction between "form" and "substance" is often important in reference to the validity or amendment of pleadings. If the matter of the plea is bad or insufficient, irrespective of the manner of setting it forth, the defect is one of substance. If the matter of the plea is good and sufficient, but is inartificially or defectively pleaded, the defect is one of form.
http://www.avvo.com/legal-answers/what-does-the-phrase--form...
Peter Close Dec 13, 2014:
Nick Lingris has asked me to explain the difference between the words “in form” and “formally”. Although the noun ”form” can mean “the customary or correct method or procedure”, the word’s most common meaning is “the outward shape or configuration of something”, whereas the word “formally” is generally accepted to mean “officially” or “in a formal manner” or “in accordance with official procedure”. If you look both words up in a thesaurus though, neither will be stated as being synonymous with the other, which implies that both words are generally accepted to have separate neanings.

Proposed translations

+1
18 hrs
Selected

(which) formally accepts the appeal but rejects/dismisses it in substance

[Before anyone complains that I am submitting a new answer, please note that this is precisely the same answer I provided yesterday evening, which I am now replacing after having had the opportunity to research its accuracy more carefully].

Firstly, I feel that I should clarify that “formally” does not have the same meaning as “in form”.

The “which” that I placed in brackets at the beginning of the line is written in the first part of Caroline’s sentence before the comma, and so it should not be repeated after the comma.

The full printed version of the Shorter Oxford Dictionary of English gives the meaning of the verb “accept”, in a legal sense, when this applies to the service or filing of a writ, petition or appeal, as being, “to agree to consider it as validly served”, which simply means what those words say and does not mean or imply that the court also has to agree with or to comply with the content of the writ, petition, or appeal.

This is confirmed by http://legal-dictionary.thefreedictionary.com/accept

Also, the online version of the Oxford Dictionary gives one of the meanings of “accept” to be “consent to receive something”, which does not imply that the recipient of the object has to agree with or like the object that he or she receives.

So, you can either translate your text using the words that I have provided above, or you could write, “formally considering the appeal as having been validly filed but rejecting/dismissing it in substance” [I actually prefer these words myself, because they explain the intended meaning more fully]. Alternatively, you could write, “formally accepting the appeal but rejecting/dismissing it in substance”.

See:

... are being decided by inquiries are taking on average about 26-29 weeks from date the Planning Inspectorate formally accepts the appeal.
http://www.otib.co.uk/index.php?/topic/129113-chairmans-stad...

Aug 14, 2013 - Appeals until ten days after the Court formally accepts the appeal. Appellees' scheduling decisions in regards to the disenrollment proceedings ...
http://turtletalk.files.wordpress.com/2013/08/roberts-v-kell...


Oct 22, 2013 - ... corruption and abuse of power after the sentence was announced in September, with the court formally accepting the appeal in early October ...
http://www.chinaeconomicreview.com/bo-xilai-appeal-result-ex...

May 23, 2007 - Details are still in the works, but next week we should have another US Congressman formally accepting the Appeal. Hopefully we have had ...
http://foreign-and-domestic.blogspot.gr/2007/05/more-appeal-...

The probable cause certificate have the effect of the court's formally accepting the appeal. The documents were an appeal from the decision last Friday of.
http://news.google.com/newspapers?nid=2245&dat=19600203&id=w...

(Optional) Enter text in the Description field of the activity to explain the reason for accepting or rejecting the appeal request. On a self-service Web site, the ...
http://docs.oracle.com/cd/E58886_01/books/PublicSector/Publi...

(d) Rejecting the Appeal. If the Chief of Board Proceedings or the Chief Counsel determine that the Board does not have jurisdiction to hear the appeal or that ...
http://www.boe.ca.gov/lawguides/business/current/btlg/vol1/r...

... appeal does not affect the validity of the appeal, but is ground only for the court of appeals to act as it considers appropriate, including dismissing the appeal
http://www.law.cornell.edu/rules/frap/rule_3

By notice of motion, the Registrar sought an order dismissing the appeal under Rule 90.43. The Registrar's motion was adjourned. The appeal was set down.
http://nslaw.nsbs.org/nslaw/ruleSection.do;jsessionid=BCBE9A...

Please note that I have provided the above internet references merely in order to confirm that one can write the words in the way that I have proposed, and not to imply that they refer to cases that are in any way similar to the one that Caroline is translating.


--------------------------------------------------
Note added at 20 hrs (2014-12-13 09:02:24 GMT)
--------------------------------------------------

Needless to say, the word “formally” also accurately translates the word “τυπικά”, which is included in Caroline’s text.

--------------------------------------------------
Note added at 21 hrs (2014-12-13 10:22:29 GMT)
--------------------------------------------------

For the benefit of those who do not specialise in doing legal translations, perhaps I should clarify that the words, “the validity of a writ, petition or appeal”, do not necessarily refer to whether their content is logically or factually sound, but more usually refer to whether the writ, petition or appeal has been filed or served correctly, in accordance with the prescribed procedures and within the required amount of time.

See:

(B) The notice of appeal may be filed by any party within 60 days after entry of .... (C) A valid notice of appeal is effective—without amendment—to appeal from ...
http://www.law.cornell.edu/uscode/html/uscode28a/usc_sec_28a...

Preliminary Issue - these issues typically pertain to matters that may affect the Board's jurisdiction, such as appeal validity, affected party status and hearing ...
http://www.calgary.ca/CA/city-clerks/Pages/Subdivision-and-D...

Oct 1, 2014 - Challenge to the appeal's validity. 5. The Council and other parties questioned the validity of the appeal on the basis that the submission date ...
https://www.gov.uk/government/uploads/system/uploads/attachm...

Peer comment(s):
agree Constantine Kourakis
3 hrs
Thank you, Constantine! Have a good weekend!
neutral Nick Lingris : What's your problem with the cliche "in form and in substance"? (That's the only difference I see from my answer.) | I suppose the whole community will benefit from any discussion about the difference between "formally" and "in form".
3 hrs
I have already provided an explanation to you regarding this in response to the e-mail that you sent me separately (in which you did not imply any complaint). If you want me to explain it here, please ask me to do so through the discussion board.
Something went wrong...
4 KudoZ points awarded for this answer.
+1
2 hrs
Greek term (edited): Δέχεται τυπικά και απορρίπτει κατ' ουσία

accepts the appeal in form and dismisses it in substance

All appeals filed by candidate Moncef Marzouki against the Independent Higher Authority for the Elections (ISIE) were accepted in form and dismissed in substance.
http://allafrica.com/stories/201412081641.html
Peer comment(s):
agree Christina Argyropoulou
17 hrs
Something went wrong...
6 days

formally accepts and substantially denies

Just a humble suggestion.

25. For the foregoing reasons and findings the ***appeal is substantially denied***, save for a modest adjustment in the percentage of disability for subjective complaints. The decision of the Board is varied.

from:

http://caselaw.canada.globe24h.com/0/0/british-columbia/brit...

http://caselaw.canada.globe24h.com/0/0/british-columbia/brit...

Something went wrong...
Close search
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search