Glossary entry (derived from question below)
English term or phrase:
prosecute an action
English answer:
to conduct / proceed with / pursue an action [for dissolution] // to commence and carry out a legal action
Added to glossary by
mike23
Apr 25, 2015 18:16
9 yrs ago
58 viewers *
English term
prosecute an action
English
Law/Patents
Law (general)
Marital Settlement Agreement
SANDRA reserves the right to prosecute any action for dissolution of marriage which she has brought or may hereafter bring and defend any action which has been or may be commenced by DAVID. DAVID reserves the right to prosecute any action for dissolution of marriage which he has brought or may hereafter bring and defend any action which has been or may be commenced by SANDRA.
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The question is about the meaning of the phrase in question. Pick one of the below ideas or suggest your own.
1) to take legal action (general)
2) to file a lawsuit (more specific)
3) to commence and continue an action
4) to file a lawsuit and continue to proceed into civil litigation
5) other/your idea
Thank you. Any help is appreciated.
http://www.apexcle.com/productfiles/index.php?method=get&fil...
The question is about the meaning of the phrase in question. Pick one of the below ideas or suggest your own.
1) to take legal action (general)
2) to file a lawsuit (more specific)
3) to commence and continue an action
4) to file a lawsuit and continue to proceed into civil litigation
5) other/your idea
Thank you. Any help is appreciated.
Change log
Apr 8, 2018 11:14: mike23 changed "Edited KOG entry" from "<a href="/profile/1845634">mike23's</a> old entry - "prosecute an action"" to ""to conduct / proceed with / pursue an action [for dissolution]""
Responses
+2
14 hrs
Selected
to conduct / proceed with / pursue an action [for dissolution]
To my mind it means nothing more nor less than this.
1. "Prosecute an action" can mean, or include, commencing or bringing an action, but here, strictly speaking, it doesn't, because it refers to prosecuting an action that has been or may be brought or commenced. So it refers to what is done after the action has commenced. Of course the clause gives each partner the right to commence an action, but in this particular case the word "prosecute" doesn't refer to that.
2. Prosecuting an action doesn't necessarily mean pursuing an action to its conclusion; that is to say, I don't think the term carries any such implication here. Either partner may do so, or may abandon the action at any point, as they may decide. In other words, the clause says nothing about whether or not the action will be pursued to its conclusion.
3. It doesn't refer to any action other than strictly an action for dissolution of marriage. So it doesn't refer to a lawsuit or any other kind of litigation.
4. It's important to note that in most US states (this is boilerplate US language) "dissolution of marriage" means the same as divorce, but in some states (including, for example, Ohio) they are not the same thing, and a dissolution of marriage is effectively a legal separation that does not end the marriage.
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Note added at 14 hrs (2015-04-26 09:12:21 GMT)
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Under 2, what I mean is that reserving the right "prosecute an action" gives the person the right to pursue the action to its conclusion or to pursue the action and then abandon it at some point: either.
1. "Prosecute an action" can mean, or include, commencing or bringing an action, but here, strictly speaking, it doesn't, because it refers to prosecuting an action that has been or may be brought or commenced. So it refers to what is done after the action has commenced. Of course the clause gives each partner the right to commence an action, but in this particular case the word "prosecute" doesn't refer to that.
2. Prosecuting an action doesn't necessarily mean pursuing an action to its conclusion; that is to say, I don't think the term carries any such implication here. Either partner may do so, or may abandon the action at any point, as they may decide. In other words, the clause says nothing about whether or not the action will be pursued to its conclusion.
3. It doesn't refer to any action other than strictly an action for dissolution of marriage. So it doesn't refer to a lawsuit or any other kind of litigation.
4. It's important to note that in most US states (this is boilerplate US language) "dissolution of marriage" means the same as divorce, but in some states (including, for example, Ohio) they are not the same thing, and a dissolution of marriage is effectively a legal separation that does not end the marriage.
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Note added at 14 hrs (2015-04-26 09:12:21 GMT)
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Under 2, what I mean is that reserving the right "prosecute an action" gives the person the right to pursue the action to its conclusion or to pursue the action and then abandon it at some point: either.
Note from asker:
| Great explanation. Thank you, Charles. |
4 KudoZ points awarded for this answer.
Comment: "Thanks and cheers!"
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Ghyslaine LE NAGARD
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Native in: French (Variant: Standard-France) 
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to commence and continue an action to its ultimate conclusion
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Note from asker:
| Thank you |
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