Aug 19, 2013 13:27
10 yrs ago
1 viewer *
Japanese term
United Kingdom
積極否認
Japanese to English
Law/Patents
Law (general)
Hi everyone,
I have come across this term in materials relating to a lawsuit. Please see below for a definition in Japanese:
http://www.bengo4.com/dictionary/6095/
Googling has returned few hints so far (guesses such as "active denial/refutation" and "assertive denial/refutation" don't seem to work, or indicate entirely different things).
I would be grateful for any suggestions. Thanks!
I have come across this term in materials relating to a lawsuit. Please see below for a definition in Japanese:
http://www.bengo4.com/dictionary/6095/
Googling has returned few hints so far (guesses such as "active denial/refutation" and "assertive denial/refutation" don't seem to work, or indicate entirely different things).
I would be grateful for any suggestions. Thanks!
Proposed translations
(English)
| 4 +1 | Averment |
Ash Furuta
|
| 3 | Aggresively deny |
Lincoln Hui
|
| 3 | general denial |
David Gibney
|
| 3 | Explicit/Express denial |
Shannon Spears
|
| 3 | affirmative denial |
Carmen8855 (X)
|
Proposed translations
+1
28 mins
Ash Furuta
Japan
Japan
Native in Japanese
&
English
Specializes in field
Japan
Certified Legal & IT Linguist
Native in: Japanese 
, English
Works in: Japanese to English, English to Japanese, Chinese to Japanese
Related KudoZ points
:
4
Selected
Averment
Averment would be similar in meaning. A party who makes an averment need to prove or substantiate after making a formal statement in a case.
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Note added at 37 mins (2013-08-19 14:05:36 GMT)
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The following litigation glossary also contains the word 'averment', explaining that 'averment' means '単に相手方の主張を否認するだけではなく、積極的に事実を主張すること' (not only denying the other party's assertion but to aggressively asser a (new/opposing) fact).
http://www.legalxintl.co.jp/glossary-litigation.html
--------------------------------------------------
Note added at 37 mins (2013-08-19 14:05:36 GMT)
--------------------------------------------------
The following litigation glossary also contains the word 'averment', explaining that 'averment' means '単に相手方の主張を否認するだけではなく、積極的に事実を主張すること' (not only denying the other party's assertion but to aggressively asser a (new/opposing) fact).
http://www.legalxintl.co.jp/glossary-litigation.html
4 KudoZ points awarded for this answer.
Comment: "Thanks, Ash, that sounds spot on. "
21 mins
Lincoln Hui
Hong Kong
Hong Kong
Native in English
Specializes in field
Hong Kong
Excellence is a basic requirement.
Native in: Chinese (Variants: Cantonese, Traditional) , English
Works in: Chinese to English, English to Chinese, Japanese to Chinese, and 1 more.
Related KudoZ points
:
4
Aggresively deny
Just a thought. As in "Ryan Braun aggressively denied that he used PEDs".
Note from asker:
| Thank you. |
23 mins
David Gibney
Ireland
Ireland
Native in English
Specializes in field
Ireland
Professional, punctual translations
Native in: English 
Works in: Japanese to English, English to Japanese
Related KudoZ points
:
31
general denial
I think the term "general denial" might work considering the definitions in both languages.
Note from asker:
| Thanks, David. The term in question, however, is used with reference to the plaintiff, not the defendant. Sorry I did not provide more context. |
45 mins
Explicit/Express denial
Both of these terms turn up some hits when searched for with terms like "patent infringement" and "patent law".
A document from the Institute of Intellectual Property seems to agree with the "active denial" you suggested before (see p7 of reference), but that was the only instance I could find of that term.
A document from the Institute of Intellectual Property seems to agree with the "active denial" you suggested before (see p7 of reference), but that was the only instance I could find of that term.
Note from asker:
| Thank you. My document, however, has nothing to do with patents. Sorry for not providing more context. |
2 hrs
affirmative denial
I think 否認 can be translated to "denial", about 積極, I would choose "affirmative".
So, I think 積極否認 should be translated as affirmative denial.
So, I think 積極否認 should be translated as affirmative denial.
Example sentence:
被告は，訴状に対して書面で答弁するものとし，訴状の重要な主張について明確に否認し，又は積極的抗弁を主張する。
The respondent shall answer the complaint in writing, by either specifically denying the material allegations of the complaint or alleging any affirmative defense.
Reference:
Note from asker:
| Thank you! |
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