Jun 8 16:59
20 days ago
17 viewers *
Portuguese term

jurisprudência lotérica

Portuguese to English Law/Patents Law: Patents, Trademarks, Copyright Class actions

Discussion

Oliver Simões Jun 13:
Interpreting Interpreting may go well with literary translation, not legal. A good translation needs to take into account the context/reference provided by the Asker. There is no indication in his reference that "lotérica" means "chance". Quite the contrary, it clearly explains that "jurisprudência lotérica" has to do with "decisões antagônicas proferidas por juízes" (conflicting rulings handed down by judges). It's always a good idea to provide references (rather than guesses). References add credibility to one's translation. Even though they are not required, they are recommended by ProZ.

antagonism: opposition of a conflicting force, tendency, or principle. (Merriam-Webster).
Mario Freitas Jun 9:
Lotérica When we say "loteria" in Portuguese, we mean "by chance" or "lack of criteria". This is not a regular legalese expression in Portuguese, it's a piece of art of the author. It's a matter of interpreting, not finding the "correct translation".

Proposed translations

+3
2 hrs
Selected

random case law /

Peer comment(s):

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
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!!
agree Clauwolf
1 day 14 mins
Grande, Claus! Tá sumido, cara! Obrigado.
agree Daniel Hall
2 days 22 hrs
Obrigado, Daniel!
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4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
40 mins

"Capricious jurisprudence"

"Capricious" sugere que as decisões são feitas de maneira imprevisível e sem um padrão claro.
Example sentence:

"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."

Peer comment(s):

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
agree philgoddard : Not necessarily my preferred translation, but perfectly correct.
1 day 12 hrs
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2 hrs

pot luck {line of legal} precedent

lotérica : like a pot luck lottery,
Example sentence:

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.

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4 days

inconsistent case law; inconsistent court precedents

According to Marcílio Moreira de Castro:

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
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Reference comments

5 hrs
Reference:

jurisprudence

The word jurisprudence derives from the Latin term juris prudentia, which means "the study, knowledge, or science of law." In the United States, jurisprudence commonly means the philosophy of law.
https://www.law.cornell.edu/wex/jurisprudence#:~:text=Overvi...
Peer comments on this reference comment:

neutral philgoddard : It also means case law.
9 hrs
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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