0

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.

1

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

| improve this answer | |
  • 1
    You definitely find expressly outside of legal contexts, at least in the U.S. See Merriam-Webster's quotes. – Peter Shor Dec 21 '19 at 14:22
  • I was thinking of the collocation, @PeterShor. Found that normally refer to somebody discovering something, not somebody expressing something, and so expressly found that is incoherent in most ordinary contexts . – Colin Fine Dec 21 '19 at 15:56
  • @ColinFine I don't tend to agree. Anyone who is outputting conclusions could expressly find something -- a committee, for instance. – Mike Graham Dec 21 '19 at 17:14
  • @MikeGraham: OK. There are 31 instances of expressly found that in the iWeb corpus. One of them is referring to a research paper, so yes, it can occur outside legal contexts. The other 30 all have a court, judge, jury, or magistrate as the subject. – Colin Fine Dec 21 '19 at 18:21
  • 1
    Expressly in the legal context typically means “written” or “expressed” in some permanent medium, as opposed to a verbal statement, implication etc. With nothing else to go by here, I would interpret expressly found as something the judge wrote in a legal document, as opposed to a verbal statement made in the courtroom. – Global Charm Dec 22 '19 at 3:00
0

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.

| improve this answer | |

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.