Glossary entry

Dutch term or phrase:

vordering

English translation:

claim; pre-action formal claim

Added to glossary by TechLawDC
Jan 2, 2016 04:03
8 yrs ago
29 viewers *
Dutch term

vordering

Dutch to English Law/Patents Law (general) Litigation procedure
Suggested meaning: "complaint" (not a formal pleading, but merely written correspondence from a plaintiff prior to institution of a lawsuit).
Explanation:
I am translating dagvaarding (summons) in a certain lawsuit. In that dagvaarding, there are a number of sections headed "verweer", each followed by a section headed "weerlegging", regarding the "vordering".
I believe that the lawsuit has not been instituted prior to the serving of the Summons.
"Vordering" generally means "claim", in this context.
I believe that the "vordering" here is just a formal or semi-formal written assertion of the claim sent by the Plaintiff to the Defendants prior to institution of the lawsuit. I believe "vordering" does not mean the "complaint" itself -- a formal pleading, in USA law.
Then for each section labeled "verweer", "verweer" would mean "Defense's point of defense" (to the pre-lawsuit complaint) and for each section labeled "weerlegging", "weerlegging" would mean "Reply to Defense's point of defense" (to the pre-lawsuit complaint).
Proposed translations (English)
4 +2 action / claim
4 reclamation
3 cause of action
2 pre-action letter; (BrE) liquidated/fixed-sum demand
Change log

Jan 7, 2016 07:02: TechLawDC changed "Edited KOG entry" from "<a href="/profile/20000">TechLawDC's</a> old entry - "vordering"" to ""claim""

Discussion

writeaway Jan 2, 2016:
Complaint? Why was that suggested as translation? On what basis? Please post an actual sentence from the text so colleagues can see how the term is being used. Your explanation is nice but doesn't really help show exactly what the problem is.

Proposed translations

+2
5 hrs
Selected

action / claim

While there are many different meanings to "vordering", one of the main translations offered by Le Docte, Viertalig Juridisch Woordenboek, is "action". And this also appears to fit your source text, although the other one "claim" also does.

If you had provided some of the source sentences, it might have been clearer which of the two is meant.
Peer comment(s):

agree philgoddard
3 hrs
Thanks, Phil.
agree John Holloway : In fact, I think it's just 'claim'. Note: A 'complaint' (U.S. law, as mentioned by poster) is, I think, a 'plea' (collectively pleadings, u.k.), the first of which, 'summons', would include the claim. All this in civil law of course.
15 hrs
Thanks for your explanations, John.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "I think the correct term is "claim". It turns out that there was a pre-litigation exchange of a claim (from the Plaintiff), and statements of grounds of defense (or points of defense) (from the Defendants). Then in the present Writ of Summons the formal lawsuit commenced. The Summons contained a summary of the claim and the grounds of defense (all amplified with Exhibits), plus a rebuttal of each ground of defense."
1 day 16 hrs

pre-action letter; (BrE) liquidated/fixed-sum demand

As Writeaway 'demands', more context is needed,
Note from asker:
You are essentially correct -- it is a pre-action formal statement of a claim (see my Grading Comment to Schleber, above). Thank you for your diligence.
Something went wrong...
2 days 10 hrs

reclamation

based on the suggested term explanation, in my opinion reclamation can be a match.
Something went wrong...
2 days 14 hrs

cause of action

Although I would need to say the actual text, it seems to me that multiple causes of action are set out in the summons in this case.

In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party.[1] The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery, or false imprisonment). The legal document which carries a claim is often called a Statement of Claim in English law, or a Complaint in U.S. federal practice and in many U.S. states. It can be any communication notifying the party to whom it is addressed of an alleged fault which resulted in damages, often expressed in amount of money the receiving party should pay/reimburse.

To pursue a cause of action, a plaintiff pleads or alleges facts in a complaint, the pleading that initiates a lawsuit. A cause of action generally encompasses both the legal theory (the legal wrong the plaintiff claims to have suffered) and the remedy (the relief a court is asked to grant). Often the facts or circumstances that entitle a person to seek judicial relief may create multiple causes of action.
(...)
The defendant to a cause of action must file an "Answer" to the complaint in which the claims can be admitted or denied (including denial on the basis of insufficient information in the complaint to form a response). The answer may also contain counterclaims in which the "Counterclaim Plaintiff" states its own causes of action. Finally, the answer may contain affirmative defenses. Most defenses must be raised at the first possible opportunity either in the answer or by motion or are deemed waived. A few defenses, in particular a court's lack of subject matter jurisdiction, need not be pled and may be raised at any time.
https://en.wikipedia.org/wiki/Cause_of_action

Cases may be filed by an individual in person or by attorneys on their behalf. The procedure differs depending on whether an attorney is involved. The procedure discussed in this section is for people representing themselves (no attorney). All corporations and voluntary associations must be represented by an attorney.
In general, the person suing is the plaintiff. More than one person may join in the suit as co-plaintiffs. The person being sued is called the defendant. You may sue more than one person in a single summons, but the causes of action must be related.
(...)
The court issues the summons and complaint upon payment of the fee. The summons must then be served on each defendant. Affidavits of service must be filled out and notarized for each defendant. The Affidavits of Service, along with the Summons and Complaint must be filed with the Court. If the defendant files an answer, you will receive a court date in the mail.
https://www.nycourts.gov/courts/nyc/civil/startingcase.shtml
Something went wrong...

Reference comments

1 day 8 hrs
Reference:

complaint

Seems to be (part of) a summons or any claim-supporting evidence/argument brought in other pleadings. (U.S.)

--------------------------------------------------
Note added at 1 day8 hrs (2016-01-03 12:30:29 GMT)
--------------------------------------------------

These questions and discussions test the accuracy of one's assumptions ; )
Something went wrong...
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search