agevolazione probatoria

English translation: evidentiary advantage

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Italian term or phrase:agevolazione probatoria
English translation:evidentiary advantage
Entered by: claudiocambon

22:48 Oct 28, 2008
Italian to English translations [PRO]
Law/Patents - Law (general)
Italian term or phrase: agevolazione probatoria
Not much context, unfortunately. It refers to this as being foreseen by Art. 23 of the TUF. The overall gist is a plaintiff who demands a judgment of invalidity for bad bonds he bought by claiming that the bank who sold them to him did not fulfill its disclosure obligations to him.

Any ideas? Thanks!
claudiocambon
United States
Local time: 01:33
advantaged in providing evidence
Explanation:
it means that the plaintiff is in a position in which he gets the said advantage (eg. there is a legal presumption of some sort which which does not have to be corroborated)

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Note added at 28 mins (2008-10-28 23:16:42 GMT)
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in fact, art. 23 TUF states that in a case of damages bought against a stockbroker or other qualified agents, there is a presumption that they are at fault and it is the defendants that have to prove that they are without fault rather than the plaintiffs who have to prove it.
Selected response from:

Dario Di Pietropaolo
Italy
Local time: 09:33
Grading comment
Thank you for explaining this concept. I used plaintiff's evidentiary advantage in this context, although I still maintain that defendant's burden of proof substantially gets at the idea as well. Thanks!
2 KudoZ points were awarded for this answer



Summary of answers provided
4advantaged in providing evidence
Dario Di Pietropaolo
4probative facilitation
Angie Garbarino
3probable action
_Vivi_


Discussion entries: 3





  

Answers


24 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
advantaged in providing evidence


Explanation:
it means that the plaintiff is in a position in which he gets the said advantage (eg. there is a legal presumption of some sort which which does not have to be corroborated)

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Note added at 28 mins (2008-10-28 23:16:42 GMT)
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in fact, art. 23 TUF states that in a case of damages bought against a stockbroker or other qualified agents, there is a presumption that they are at fault and it is the defendants that have to prove that they are without fault rather than the plaintiffs who have to prove it.

Dario Di Pietropaolo
Italy
Local time: 09:33
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 59
Grading comment
Thank you for explaining this concept. I used plaintiff's evidentiary advantage in this context, although I still maintain that defendant's burden of proof substantially gets at the idea as well. Thanks!
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32 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
probative facilitation


Explanation:
In diritto:

04/11/00 Hyde Floor Statement re H.R. 1658 - Attachment

However, the probative value of this evidence is much lower when the .... There are many facilitation-type civil forfeiture provisions in the U.S. Code. ...

judiciary.house.gov/legacy/0411att.htm -

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Note added at 35 mins (2008-10-28 23:23:32 GMT)
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Ecco un link che mi pare utile per la tua traduzione

http://judiciary.house.gov/legacy/0411att.htm

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Note added at 35 mins (2008-10-28 23:24:15 GMT)
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Probatorio è proprio probative

Angie Garbarino
Local time: 09:33
Specializes in field
Native speaker of: Native in ItalianItalian
PRO pts in category: 140
1 corroborated select project
in this pair and field What is ProZ.com Project History(SM)?
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10 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
probable action


Explanation:
could be

_Vivi_
Italy
Local time: 09:33
Native speaker of: Native in EnglishEnglish
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