Aug 3, 2015 03:43
8 yrs ago
3 viewers *
French term
également suscitée
French to English
Law/Patents
Law (general)
an employee's complaint
Whole sentence:
C’est bien ce qu’a reconnu la décision du TGI de --- suscitée et qui a été confirmé par l’arrêt No 35/S de la Cour d’Appel de --- également suscitée.
I found this :
Si une personne veut obtenir une indemnité en réparation d’un préjudice ou se heurte à l’inertie de l’administration, il lui appartient de susciter une décision qu’il pourra alors attaquer.
in: http://versailles.cour-administrative-appel.fr/Demarches-pro...
But I am not sure how to translate 'susciter' in English.
Many thanks if you know the appropriate term.
C’est bien ce qu’a reconnu la décision du TGI de --- suscitée et qui a été confirmé par l’arrêt No 35/S de la Cour d’Appel de --- également suscitée.
I found this :
Si une personne veut obtenir une indemnité en réparation d’un préjudice ou se heurte à l’inertie de l’administration, il lui appartient de susciter une décision qu’il pourra alors attaquer.
in: http://versailles.cour-administrative-appel.fr/Demarches-pro...
But I am not sure how to translate 'susciter' in English.
Many thanks if you know the appropriate term.
Proposed translations
(English)
5 +4 | also cited above | AbrahamS |
4 +2 | also raised (case cited/pleaded) | Adrian MM. (X) |
3 | also requested | cchat |
4 -1 | also sought | AllegroTrans |
4 -1 | also filed | Francois Boye |
3 -1 | also appealed | TechLawDC |
Change log
Aug 3, 2015 08:18: writeaway changed "Field (specific)" from "Education / Pedagogy" to "Law (general)"
Proposed translations
+4
9 hrs
Selected
also cited above
Suscitée is not used in its usual sense ("generated", "created", "prompted", etc.) but as a corruption of sus-citée, i.e. "cited/quoted above" (see ref. 1). It is often used in legal documents (see ref. 2 for example)
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Note added at 9 hrs (2015-08-03 12:52:27 GMT)
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Sorry, second link not working. The correct one is:
http://www.asn.fr/content/download/97083/699868/version/1/fi...
Another example:
http://books.google.co.uk/books?id=VwddAAAAcAAJ&pg=RA1-PA21&...
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Note added at 9 hrs (2015-08-03 12:52:27 GMT)
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Sorry, second link not working. The correct one is:
http://www.asn.fr/content/download/97083/699868/version/1/fi...
Another example:
http://books.google.co.uk/books?id=VwddAAAAcAAJ&pg=RA1-PA21&...
Reference:
Note from asker:
Actually, this explanation makes me realise that 'suscité' probably indeed means 'sus-cité'. The author has been using a few similar terms, such as 'susrappelé' and 'susmentionné' in other parts of the documents. |
Peer comment(s):
agree |
writeaway
: already given as one of the options to an answer already posted/this is probably right, but I don't understand the confusion considering asker is native French too. également referring to what? if it's this obvious, asker should have seen it from the txt.
14 mins
|
Incompletely, and with a very confused explanation. See Asker's reaction!
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|
agree |
philgoddard
: This should be easy to confirm, as the decisions should be cited earlier in the document. It's normally, but not always, two words.
38 mins
|
Thanks!
|
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neutral |
Francois Boye
: Usually they write 'sus-cité' in French to preclude ambiguity.
46 mins
|
That is the best way, yes.
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agree |
Nikki Scott-Despaigne
1 hr
|
Thanks!
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agree |
Jennifer White
2 hrs
|
Thanks!
|
4 KudoZ points awarded for this answer.
Comment: "Thank you very much for seeing what I had not seen!"
3 hrs
also requested
I think that the plaintiff requests a decision.
The link refers to "On the Record Requests".
The link refers to "On the Record Requests".
Reference:
-1
4 hrs
also sought
In the courts, a party SEEKS (=applies for, issues proceedings for etc.) a decision
Federal Communications Commission (Parts 0 - 19)
https://books.google.co.uk/books?isbn=157785845X
If the applicant has sought an award against more than one agency, the decision shall allocate responsibility for payment of any award made among the ...
FS50089784 - Information Commissioner's Office
https://ico.org.uk/.../decision.../DECISION_NOTICE_FS5008978...
12 Jun 2006 - (This replaces the Decision Notice dated 24 May 2006 which is hereby revoked.) ... request for the release of the information sought. 1.
Ontario Superior Court Upholds Duntroon Expansion ...
www.ossga.com/news_archive/article.go?article_id=77
Ontario Superior Court Upholds Duntroon Expansion Decision, Dismissing Judicial Review Sought by NEC July 11, 2013. In a victory for fact-based ...
Legal opinion sought on city's Central School demolition ...
helenair.com › News › Helena Local News Feed
2014-07-15T06:00:00Z 2014-07-16T08:58:16Z Legal opinion sought on city's Central School demolition decision Helena Independent Record. July 15, 2014 ...
Federal Communications Commission (Parts 0 - 19)
https://books.google.co.uk/books?isbn=157785845X
If the applicant has sought an award against more than one agency, the decision shall allocate responsibility for payment of any award made among the ...
FS50089784 - Information Commissioner's Office
https://ico.org.uk/.../decision.../DECISION_NOTICE_FS5008978...
12 Jun 2006 - (This replaces the Decision Notice dated 24 May 2006 which is hereby revoked.) ... request for the release of the information sought. 1.
Ontario Superior Court Upholds Duntroon Expansion ...
www.ossga.com/news_archive/article.go?article_id=77
Ontario Superior Court Upholds Duntroon Expansion Decision, Dismissing Judicial Review Sought by NEC July 11, 2013. In a victory for fact-based ...
Legal opinion sought on city's Central School demolition ...
helenair.com › News › Helena Local News Feed
2014-07-15T06:00:00Z 2014-07-16T08:58:16Z Legal opinion sought on city's Central School demolition decision Helena Independent Record. July 15, 2014 ...
+2
5 hrs
also raised (case cited/pleaded)
It is a decition or case being raised or pleaded - bog-standard in most civilised legal systems of civil or EN Common Law countries,
In E&W, it is deemed near-contempt of court not to draw the judge's attention to similar cases or one 'on all fours' and the latter may make and has made 'a wasted costs order' against Counsel who have failed to do so
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Note added at 8 hrs (2015-08-03 12:19:26 GMT)
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Then go for another answer.
Your employment context doesn't strike me as being administrative in nature, unless you are withholding the important point that the employers were or are a government body, the police or a local authority e.g. the Town Hall/la mairie.
In E&W, it is deemed near-contempt of court not to draw the judge's attention to similar cases or one 'on all fours' and the latter may make and has made 'a wasted costs order' against Counsel who have failed to do so
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Note added at 8 hrs (2015-08-03 12:19:26 GMT)
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Then go for another answer.
Your employment context doesn't strike me as being administrative in nature, unless you are withholding the important point that the employers were or are a government body, the police or a local authority e.g. the Town Hall/la mairie.
Note from asker:
I am not entirely comfortable with this translation. The Appeal decision was prompted, or else it would not have occurred. It seems to me that the term 'raised' means something else. |
Peer comment(s):
agree |
Nikki Scott-Despaigne
14 mins
|
Thanks. Obviously not an 'obvious' question.
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agree |
GILLES MEUNIER
58 mins
|
avec remerciements de loup
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agree |
writeaway
: Something went wrong... KudoZ term not found. this is what I saw when I checked your Proz ref. Please post it again/thanks! not in a legal context and no legal experts at all on that page. But I can see how it triggered your answer here.
1 hr
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Thx - see Helen Shiner's answer: http://www.proz.com/kudoz/french_to_english/general_conversa... //it didn't trigger my answer that was an auto-reflex
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disagree |
philgoddard
: I don't see how you arrive at this. I can't find any evidence that it means "raised", and your answer is full of incomprehensible jargon.
3 hrs
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if you've studied law, you will have no problem with the concept of quoting precedent. Also. you've agreed with an answer that repeats my cited idea..
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-1
7 hrs
also appealed
I think that is what the author wants to say.
"cited" is definitely wrong here, as the Asker's reference would be nonsense if suscité were to mean "cited".
"raised" and "pleaded" are unidiomatic here.
"also litigated" is not a possibility because one of the cases was from a court of appeal.
This leaves "appealed". Here "appealed" may mean from a court to a higher court, or may mean from an administrative agency or other non-judicial decider to a court according to an accepted procedure.
Why the author did not use "interjetée appel" instead of "suscitée" is a matter of the author's style.
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Note added at 8 hrs (2015-08-03 12:16:26 GMT)
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"also lodged", "also filed", "also instigated", and "also brought about" are similarly inapt, for the reasons stated above under "also litigated".
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Note added at 8 hrs (2015-08-03 12:19:27 GMT)
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Of course, there is always the possibility that the court of appeal had initial jurisdiction in the case (jurisdiction of the first instance), and thus "also litigated" is a good answer. However, I think the chance of this is somewhat less than 5%.
"cited" is definitely wrong here, as the Asker's reference would be nonsense if suscité were to mean "cited".
"raised" and "pleaded" are unidiomatic here.
"also litigated" is not a possibility because one of the cases was from a court of appeal.
This leaves "appealed". Here "appealed" may mean from a court to a higher court, or may mean from an administrative agency or other non-judicial decider to a court according to an accepted procedure.
Why the author did not use "interjetée appel" instead of "suscitée" is a matter of the author's style.
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Note added at 8 hrs (2015-08-03 12:16:26 GMT)
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"also lodged", "also filed", "also instigated", and "also brought about" are similarly inapt, for the reasons stated above under "also litigated".
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Note added at 8 hrs (2015-08-03 12:19:27 GMT)
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Of course, there is always the possibility that the court of appeal had initial jurisdiction in the case (jurisdiction of the first instance), and thus "also litigated" is a good answer. However, I think the chance of this is somewhat less than 5%.
Note from asker:
Many thanks for this exhaustive answer. Would 'also lodged' or 'filed' be correct? These are both translations for 'interjeter'. |
Peer comment(s):
disagree |
AbrahamS
: The reference provided by the asker doesn't match the use of the word in the source text.
1 hr
|
-1
8 hrs
also filed
The victim must file a complaint or a lawsuit to set off the legal process leading to a court ruling
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Note added at 8 hrs (2015-08-03 12:24:32 GMT)
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To file a case is indeed a US legal concept
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Note added at 8 hrs (2015-08-03 12:24:32 GMT)
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To file a case is indeed a US legal concept
Discussion
'also prompted'
be acceptable/appropriate?