Mar 27, 2011 14:31
13 yrs ago
70 viewers *
French term

les motifs et le dispositif d'une décision

French to English Law/Patents Law (general)
comme indique par la Cour dans les motifs et le dispositif de sa decision
Change log

Mar 28, 2011 09:15: Stéphanie Soudais (X) changed "Term asked" from "les motifs et le dispositif d\'une decision" to "les motifs et le dispositif d\'une décision"

Discussion

B D Finch Mar 27, 2011:
@Asker Why use five confusing words to form an inaccurate translation that is not legalese, when a single, accurate word that is legalese is available?
stephkg (X) (asker) Mar 27, 2011:
No, B D Finch, you are probably right. What about 'operative part of the judgement' for 'dispositif'?
stephkg (X) (asker) Mar 27, 2011:
I have seen it in connection with legal decisions
B D Finch Mar 27, 2011:
Enacting? Succinctly: no. Enacting happens to laws, not to court judgements/decisions/rulings. A dispositif is a ruling.
stephkg (X) (asker) Mar 27, 2011:
Might 'enacting terms' be a possible solution for 'dispositif'?

Proposed translations

16 hrs
French term (edited): les motifs et le dispositif d'une decision
Selected

the grounds for the judgement and the operative part

dispositif is the part containing the actual order the court makes.

Se eurolex: http://eur-lex.europa.eu/Notice.do?mode=dbl&lang=en&ihmlang=...

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Note added at 16 hrs (2011-03-28 06:41:08 GMT)
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Anglo-saxon judgments do not have an operative part, so the term is a bit contrived. It refers to the bit at the end where the court says "on those grounds, the court finds... orders... awards costs, etc.
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4 KudoZ points awarded for this answer.
+2
6 mins
French term (edited): les motifs et le dispositif d'une decision

grounds and ruling

Hardly necessary to add judgment.

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Note added at 9 mins (2011-03-27 14:41:12 GMT)
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I believe that a ruling can be interim, also that a judgment can contain a number of rulings.

"The County Court ruled against Mr Malcolm on three main grounds: ... In the judgment the House of Lords ruled that: in DDA premises claims, ..."
www.equalityhumanrights.com/legal-and.../the-malcolm-case/

"... If anything, the ruling widens the grounds for defence under this law rather than narrowing them. Phil Woolas Judgement ..."
www.libdemvoice.org/the-final-phil-woolas-judgement-its-leg...

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Note added at 7 hrs (2011-03-27 22:10:40 GMT)
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Actually, perhaps it is necessary to use the word "judgement" too to translate "décision":

"A RULING is what the judge issues when he is is faced with a particular question on which a legal decision that has be made. A JUDGEMENT is what the judge issues at the conclusion of a trial or hearing after all the evidence has been presented and he has considered all legal aspects of the arguments, and applicable law."

Read more: http://wiki.answers.com/Q/What_is_the_difference_in_a_judgem...

Harrap's Dictionnaire Juridique defines dispositif as "(partie du jugement) ruling" . Though it also, confusingly translates décision variously as "decision", "judgement" and "ruling" depending upon the context. The Asker, of course, has at his disposal rather more context than he has provided to us.
Note from asker:
Well, hardly, Writeaway, as it is a very long document. Is it so standard?
or rather, Writeaway, it might be standard, but it still does not meant that I know what the correct term for dispositif should be
Peer comment(s):

agree writeaway : standard stuff I'd have thought. looks like the entire doc is being posted a bit at a time
3 mins
Thanks writeaway.
agree AllegroTrans : not standard or obvious, like most legal terms it requires some brainpower
9 hrs
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1 hr
French term (edited): les motifs et le dispositif d'une decision

reasons and judgment

Just another possibility.
(You can google it and find lots – millions – of relevant hits.)

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Note added at 8 hrs (2011-03-27 22:43:24 GMT)
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In reviewing the ghits – this is embarrassing – I find there are not millions (I stumbled on a Google bug!), but still, here's a selection:

"Reasons and judgment – September 5, 2000"
http://www.ic.gc.ca/eic/site/bsf-osb.nsf/eng/br02482.html

"Reasons and judgment on cross-appeal delivered: January 27, 1995."
http://ca.vlex.com/vid/children-aid-society-metropolitan-tor...

"Reasons and judgment as to appeal on the merits: March 20, 1997."
http://www.canlii.org/en/ca/scc/doc/1997/1997canlii385/1997c...

"...if there is more than one judge hearing the matter, usually each will give his/her own reasons and judgment."
http://www.abc.net.au/corp/pubs/legal/court/chap11.html

"When a record is composed of more than one volume, the pleadings, documents and exhibits, orders of court, minutes, reasons and judgment of the court, petition or motion and order, and bond of appeal shall be included..."
http://www.lasc.org/rules/supreme/RuleI.asp

"In De Mond v R., Justice Lamarre of Canada's Tax Court, after taking eleven months to cogitate upon his reasons and judgment, used these words..."
http://www.duhaime.org/LegalDictionary/B/BareTrust.aspx

"A review of the written reasons and judgment in its entirety does not support the majority’s determination that the WCJ used the wrong standard in its decision."
http://caselaw.findlaw.com/la-supreme-court/1552947.html

"The judgment of the Tax Court is reversed for the foregoing reasons and judgment rendered in favor of Payne..."
http://ftp.resource.org/courts.gov/c/F3/224/224.F3d.415.99-6...

"The reasons and judgment provided by the trial judge, however, did not entirely address the presence of the religious features at play in the case:"
http://works.bepress.com/cgi/viewcontent.cgi?article=1001&co...

OK, that's enough for now... You can look at the rest on your own.
Peer comment(s):

neutral B D Finch : So why don't you give us some relevant examples of those ghits?
5 hrs
Just lazy, but see Note added to my entry.
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