Glossary entry (derived from question below)
French term or phrase:
arrêt essentiel
English translation:
essential ruling (HERE!!!)
Added to glossary by
Catherine Gorton
Oct 29, 2007 21:16
16 yrs ago
1 viewer *
French term
arrêt essentiel
French to English
Law/Patents
Law: Contract(s)
Article regarding public procurement and public service delegations.
La qualification par le juge des référés administratifs d’un prix comme étant « anormalement bas » dans une procédure de marché public illustre le contrôle particulièrement poussé désormais exercé sur les montants des prix proposés par des candidats à un contrat participant de la Commande Publique. *****Un arrêt essentiel **** de la Cour administrative d’appel de Douai rendu en matière de délégation de service public avait déjà amené le juge administratif à définir l’étendue de son contrôle sur la structure et la composition du prix proposé par un candidat à une délégation de service public.
HI NOT TOO SURE IF I AM RIGHT TO TRANSLATE AS "FUNDAMENTAL RULING". ANY PRECISIONS WELCOME!
HI NOT TOO SURE IF I AM RIGHT TO TRANSLATE AS "FUNDAMENTAL RULING". ANY PRECISIONS WELCOME!
Proposed translations
(English)
| 3 -2 | essential ruling |
MatthewLaSon
|
| 5 +1 | ruling |
Philippe VIGNES (X)
|
Proposed translations
-2
7 hrs
Selected
essential ruling
Hello,
This is an essential ruling. The word "essential" is there for a reason.
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Note added at 1 day2 hrs (2007-10-30 23:47:52 GMT)
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Then you do all explain the meaning of "essential in the paragraph below? This was written by a native speaker in a who is specialized in the legal field.
text excerpt:
William Just used to work behind the counter at this Marketplace Deli in Daytons. But when he got in a dispute with his employer, William sued in Federal court. He eventually settled. Robb asked him: "Have you ever seen this before?" He answered: "No, I haven't." This is Federal Judge Richard Kyle's1995 financial disclosure form. He bought stock in Dayton-Hudson while he was assigned to the case. Judge Kyle said: "If I pick up a conflict early I get out. If I don't pick it up I am still going to have another opportunity to do that." Judge Kyle says he would have had that opportunity if he made an essential ruling, like issuing an order. But the judge says there wasn't one in this case. William told us: "I just wish this would have been brought to my attention."
http://www.halt.org/about_halt/in_the_news/1999/federal_judg...
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Note added at 6 days (2007-11-04 23:14:19 GMT) Post-grading
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Yes, it must be "essential ruling" here as they are two different kinds of rulings in French. The word "essential" can't go untranslated in English.
This is an essential ruling. The word "essential" is there for a reason.
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Note added at 1 day2 hrs (2007-10-30 23:47:52 GMT)
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Then you do all explain the meaning of "essential in the paragraph below? This was written by a native speaker in a who is specialized in the legal field.
text excerpt:
William Just used to work behind the counter at this Marketplace Deli in Daytons. But when he got in a dispute with his employer, William sued in Federal court. He eventually settled. Robb asked him: "Have you ever seen this before?" He answered: "No, I haven't." This is Federal Judge Richard Kyle's1995 financial disclosure form. He bought stock in Dayton-Hudson while he was assigned to the case. Judge Kyle said: "If I pick up a conflict early I get out. If I don't pick it up I am still going to have another opportunity to do that." Judge Kyle says he would have had that opportunity if he made an essential ruling, like issuing an order. But the judge says there wasn't one in this case. William told us: "I just wish this would have been brought to my attention."
http://www.halt.org/about_halt/in_the_news/1999/federal_judg...
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Note added at 6 days (2007-11-04 23:14:19 GMT) Post-grading
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Yes, it must be "essential ruling" here as they are two different kinds of rulings in French. The word "essential" can't go untranslated in English.
Reference:
4 KudoZ points awarded for this answer.
Comment: "Hi everyone, it was so difficult for me that I finally contacted my French friend who worked for the lawyer who is my customer as I really wasn't able to tell what was best. She agrees with Mathew in this particular case: because it is a French article being translated into English I must specify "essential" here as there are two types of rulings in French law: rulings and rulings which make a big difference to the existing law so therefore she advised that in this case I should emphasize the importance of this ruling by using "essential". Despite this, the answer from Philippe and Allegro isn't wrong, as normally in English law a ruling is simply a ruling but since we talk about a French ruling which was so important that it had to be differentiated from "normal" rulings I will use "essential ruling" here. BIG THANKS TO ALL OF YOU!!!"
+1
6 hrs
ruling
Un arrêt essentiel (apporte une definition, précise une distinction en droit) is essentially the same as a ruling (a judicial or administrative interpretation of a provision of a statute, order, regulation, or ordinance).
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Note added at 9 hrs (2007-10-30 06:20:05 GMT)
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The body of French law is laid down in statutes, and differs from the Anglo-American common law tradition built on the so-called stare decisis (« stand by decided matters »). Hence the need to emphasise, in the French language, the « precedent » aspect (« un arrêt essentiel ») of certain rulings.
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Note added at 9 hrs (2007-10-30 06:20:05 GMT)
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The body of French law is laid down in statutes, and differs from the Anglo-American common law tradition built on the so-called stare decisis (« stand by decided matters »). Hence the need to emphasise, in the French language, the « precedent » aspect (« un arrêt essentiel ») of certain rulings.
Peer comment(s):
| agree |
AllegroTrans
: agree FR law does not have stare decisis principle, but you can say a "defining ruling"
10 hrs
|
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