liminar inaudita altera pars
English translation: ex parte injunction
| 12:07 May 14, 2016 |
| Portuguese to English translations [PRO] Law/Patents - Law (general) / General legal term | |||||||
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|  Selected response from: Gilmar Fernandes United States Local time: 15:41 | ||||||
Grading comment
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| Summary of answers provided | ||||
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| 4 +1 | ex parte injunction |
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| 3 +1 | ex parte (E&W: without notice) as preliminary relief |
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| 4 | audiatur et altera pars preliminary injunction |
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Answers
12 mins confidence: 
peer agreement (net): +1
peer agreement (net): +1ex parte (E&W: without notice) as preliminary relief Explanation: altera pars as two words is right. The Latin maxim in EN/OzE law is et audi alteram partem/auditur altera pars - 'and I heard the other side's version of events' = due process in AmE. ex parte: now known since the 1998 E&W civil justice reforms as 'without notice' to the other side vs. e.g. an application inter partes > with or on notice. Reference: http://www.proz.com/?sp=gloss/term&id=18177766 |
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52 mins confidence: peer agreement (net): +1
peer agreement (net): +1ex parte injunction Explanation: I agree with Adrian's suggestion, but if you'd like the US English version here it is. http://www.businessdictionary.com/definition/ex-parte-injunc... Commanding, directing, or restraining court order granted after hearing only one party in matters of great urgency, without notice to the defendant or other parties. A full hearing with notice to all concerned parties is then held on a later date. |
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55 mins confidence:
audiatur et altera pars preliminary injunction Explanation: [...] with an additional protective measure with a request for an audiatur et altera pars preliminary injunction against the defendant XXX [...] Audi alteram partem (or audiatur et altera pars) is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well". It is the principle that no one should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them. Reference #1 (English): http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELE... Reference #2 (Portuguese): http://eur-lex.europa.eu/legal-content/PT/TXT/HTML/?uri=CELE... |
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