English Language & Usage Asked on December 3, 2020
The judge expressly found that the material risks (sovereign default,
currency default and counterparty default), were all disclosed and
known to AP.
Could you kindly explain what “expressly found that” means in the sentence as above?
I know what both “expressly” and “found that” mean, but I’m not sure what “expressly found that” means.
These is a legal expression, and you will not find it outside that context.
It is saying that the judge said specifically (rather than referring to it, or implying it by choice of words) that the risks were disclosed etc
Answered by Colin Fine on December 3, 2020
the term find is the verb for the noun finding
It means:
Finding The result of the deliberations of a jury or a court. A decision upon a Question of Fact reached as the result of a judicial examination or investigation by a court, jury, referee, Coroner, etc. A recital of the facts as found. The word commonly applies to the result reached by a judge or jury. [bolding mine]
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
If a judge expressly finds [something] he or she is explicitly or clearly stating something.
Sometimes, in legal language, one can infer a judge meant this or that even if he or she did not expressly (clearly) state the thing.
The past tense is found.
You will often see in newspaper articles, expressions like: "The jury found for the plaintiff" (in AmE) and that means that claims made or brought by a plaintiff or respondent have been agreed to by the jury.
Answered by Lambie on December 3, 2020
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