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Re: [Czechlist] Term (EN-CS): defendant searches - THANKS

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  • Prekladatelsky servis
    The text is about Lithuania and I suppose it has been translated by the Brussels guys from Lithuanian to English. As for the curator, whatever the correct
    Message 1 of 1 , Nov 4, 2009
      The text is about Lithuania and I suppose it has been translated by the Brussels guys from Lithuanian to English.
      As for the curator, whatever the correct English term is, I believe they mean what we call in Czech "opatrovnik" (they mention it several times throughout the text using different terms: curator, tutor... but the whole text makes me believe it is one and the same thing).

      Anyway, thank you all for your input - you just confirmed what I had thought (that "defendant searches" could mean more things. So now I'll have to decide what is more likely based on the context.

      Thanks and regards,

      ----- Original Message -----
      From: Mike Trittipo
      To: Czechlist@yahoogroups.com
      Sent: Tuesday, November 03, 2009 10:09 PM
      Subject: Re: [Czechlist] Term (EN-CS): defendant searches

      > From: Prekladatelsky servis
      > . . . jak rozumite "defendant searches" v nasledujicim kontextu:
      > Other expenses include:1) the inspection of a location; 2) defendant
      > searches;3) delivering court documents;4) satisfying the court
      > judgment;5) reimbursement for curator's work; . . .

      Interesting. I wonder whether that text might not itself have originated
      somewhere as a translation into English from some other language. What
      makes me wonder is the word "curator." Outside of museums, that's not a
      common usage, and most museum _curators_ don't do the other kinds of work
      listed in this short text. BUT "_trustees_" often do engage in all those
      activities, as do conservators (another word similar to curator, and
      therefore again strongly risking mistranslation as "curator"). Trustees in
      bankruptcy, in particular, are known for ferocious litigation, and for
      seeking out defendants either to sue or to collect from.

      So I am inclined to suspect that the right English word ought to have been
      "trustee," or maybe "conservator," not "curator," and that in turn leaves
      me a bit indifferent to trying to guess what might or might not have
      actually been meant once upon a time in some earlier text by "defendant

      That said, however, "defendant searches" could mean a couple of things.

      (1) searching court files for records of someone having ever been named as
      a defendant (i.e., sued by someone else). This is a very common activity in
      the U.S.

      (2) trying to find where someone who was or is a defendant in a current
      case currently actually lives and can be found, either for purposes of (a)
      service, or (b) collection (by knowing where physical assets might be, or
      to check mail for bank accounts, etc.)

      I do not find the meaning of frisking, patting down, and searching through
      the pockets and containers of a person in front of the "curator" very
      likely. Police do that; trustees and conservators don't. And those are in
      criminal cases, not civil ones. And no reimbursement for the costs of doing
      so would be sought by the police. It simply doesn't fit real-life fact
      scenarios that are likely in most anglophone countries to my knowledge.

      I would think carefully about all the rest of the document to find clues as
      to what exact kind of "curator" (more likely a trustee of some kind with
      litigation powers) is involved, and what else they're doing.

      For whatever it's worth, "inspection of a location" sounds like a
      translation into English from something else. It is vaguely reminiscent of
      Rule 34's language about "entry upon land for inspection," found in pretty
      much all fifty US states and the federal rules. But without some
      higher-level context (e.g., the style of whatever document this short text
      excerpt appears in, etc.) it's hard to know if Rule 34 is what was meant.
      Certainly, a trustee might seek reimbursement for the costs of a Rule 34

      [Non-text portions of this message have been removed]
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