This question was closed without grading. Reason: Answer found elsewhere
Nov 7, 2008 10:49
15 yrs ago
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French term
United Kingdom
à un motif surabondant
French to English
Law/Patents
Law (general)
Court decision
Morning, everyone
I am uncertain as the meaning of this sentence:
"Le moyen, qui s'attaque à un motif surabondant en sa troisième branche, n'est pas fondé en ses deux premières."
The Court is rejecting the appellant's claim which is based on a single argument with three limbs. I think it is saying that the first two limbs are ill-founded and the third is irrelevant, but I have also found references in Kudoz to "surabondant" meaning an alternative argument.
Would I be right in saying:
"The first and second limbs of the argument are ill-founded, while the third refers to an irrelevant ground."
Many thanks in advance.
I am uncertain as the meaning of this sentence:
"Le moyen, qui s'attaque à un motif surabondant en sa troisième branche, n'est pas fondé en ses deux premières."
The Court is rejecting the appellant's claim which is based on a single argument with three limbs. I think it is saying that the first two limbs are ill-founded and the third is irrelevant, but I have also found references in Kudoz to "surabondant" meaning an alternative argument.
Would I be right in saying:
"The first and second limbs of the argument are ill-founded, while the third refers to an irrelevant ground."
Many thanks in advance.
Proposed translations
(English)
| 3 +1 | obiter dictum (plural: obiter dicta) |
Christiana Tziortziou
|
| 3 | to an alternative/further or alternative/ ground |
Adrian MM. (X)
|
Proposed translations
+1
38 mins
Christiana Tziortziou
Works in field
Helping people communicate
Native in: Greek 
Works in: English to Greek, French to Creek, Greek to English
obiter dictum (plural: obiter dicta)
Comments made by a judge in a decision that do not form part of the legal reasoning in reaching the decision [Latin: Comments in passing]. (source - http://www.gillhams.com/dictionary/82.cfm)
obiter dictum (plural obiter dicta)
(law) a statement or remark in a court’s judgment that is not essential to the disposition of the case. (source - http://en.wiktionary.org/wiki/obiter_dictum)
http://en.wikipedia.org/wiki/Obiter_dictum
All the terms shown above are mainly saying the same thing, that it's an irrelevant or not important statement.
obiter dictum (plural obiter dicta)
(law) a statement or remark in a court’s judgment that is not essential to the disposition of the case. (source - http://en.wiktionary.org/wiki/obiter_dictum)
http://en.wikipedia.org/wiki/Obiter_dictum
All the terms shown above are mainly saying the same thing, that it's an irrelevant or not important statement.
Example sentence:
It is known as obiter dictum, which may or may not have persuasive influence in future cases.
A good example of both ratio decidendi and obiter dictum is to be found in the judgment in the most famous of all insurance law cases, Castellain v. Preston which was concerned with the principle of indemnity in relation to a policy of fire insurance.
2 hrs
to an alternative/further or alternative/ ground
s'attache? Obiter dictum is what the Court says, but it is referring here to a ground.
Note from asker:
| Thanks for your reply. Unless it's a typo, the original definitely says s'attaque... I don't think obiter dictum is right here. I'm going to ask the client. |
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