Portuguese term
jurisprudência lotérica
https://www.angelomestriner.adv.br/blog/blog_1223-jurisprude...
jurisprudence |
Mark Robertson
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Proposed translations
random case law /
agree |
Andrew Bramhall
: More than likely; certainly no official legal term using the words " pot" and "luck eh??"!!//"random" would seem to cover the "lotérica" bit, and represents the right legal register;
21 hrs
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Yup. I thought of case law randomly used, but I chose a shorter and understandable version. I guess that will do. It's not a common term at all in Portuguese either. Thank you!!
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agree |
Clauwolf
1 day 14 mins
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Grande, Claus! Tá sumido, cara! Obrigado.
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agree |
Daniel Hall
2 days 22 hrs
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Obrigado, Daniel!
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"Capricious jurisprudence"
"The recent rulings on similar cases have shown a pattern of capricious jurisprudence, leaving lawyers and their clients uncertain about the likely outcomes of their cases."
disagree |
Mark Robertson
: Jurisprudence/Jurisprudência are false friends. Jurisprudence is the philosophy of law. The author of the source text has made a terminological error.
4 hrs
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agree |
philgoddard
: Not necessarily my preferred translation, but perfectly correct.
1 day 12 hrs
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agree |
Lara
29 days
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pot luck {line of legal} precedent
Occasionally, the Justices disagree over which line of precedent the Court should retain, and which line of precedent it should overrule or ignore.
pot(l-)luck: anything that is available or is found by chance, rather than something chosen, planned, or prepared.
inconsistent case law; inconsistent court precedents
jurisprudência. precedents; court precedents; case law; caselaw; decisions; judicial decisions. Não traduza jurisprudência por jurisprudence. In: Dicionário de Direito, Economia e Contabilidade, p. 228.
"In the realm of law, the term inconsistent refers to something that is contradictory, contrary, or repugnant. When two or more statements, actions, or legal provisions are inconsistent, they cannot coexist harmoniously. Instead, they clash or conflict with each other, creating confusion and potential legal complications." https://fitterlaw.com/insight/legal-dictionary/define-incons...
Example Sentences
Inconsistent Case Law on 28 U.S.C. § 1782 Continues to Confuse Litigants and District Courts (Emphasis added). https://www.lexology.com/library/detail.aspx?g=c4e32523-db05...
Also notable is the existence of inconsistent Court precedents which, on the one hand, have ruled that Article 682 claims may be heard by the Court notwithstanding the prescription of arbitration in the subcontract agreement and, on the other hand, decisions which have ruled that jurisdiction of the Courts cannot be assumed where arbitration is prescribed. (Emphasis added). https://corporatelivewire.com/top-story.html?id=subcontracto...
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Note added at 4 days (2024-06-12 21:27:14 GMT)
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De acordo com o contexto apresentado, a jurisprudência lotérica resulta mais da decisão proferida pel[a] consciência do juiz (interpretação subjetiva, pessoal) do que pela interpretação propriamente dita da lei. O poder do juiz é conhecido em inglês como "judicial discretion".
Segundo o site da Faculdade de Direito da Cornell University:
"Judicial discretion refers to a judge's power to make a decision based on their individualized evaluation, guided by the principles of law. Judicial discretion gives courts immense power which is exercised when legislature allows for it." https://www.law.cornell.edu/wex/judicial_discretion
Reference comments
jurisprudence
https://www.law.cornell.edu/wex/jurisprudence#:~:text=Overvi...
neutral |
philgoddard
: It also means case law.
9 hrs
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neutral |
Mario Freitas
: Yes, I must agree with Phil. It means case law as well, and it's most commonly used in this sense.
17 hrs
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Discussion
antagonism: opposition of a conflicting force, tendency, or principle. (Merriam-Webster).