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arrêt essentiel

English translation: essential ruling (HERE!!!)

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:arrêt essentiel
English translation:essential ruling (HERE!!!)
Entered by: Catherine Gorton
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21:16 Oct 29, 2007
French to English translations [PRO]
Law/Patents - Law: Contract(s) / Article regarding public procurement and public service delegations.
French term or phrase: arrêt essentiel
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!
Catherine Gorton
Local time: 02:49
essential ruling
Explanation:
Hello,

This is an essential ruling. The word "essential" is there for a reason.

--------------------------------------------------
Note added at 1 day2 hrs (2007-10-30 23:47:52 GMT)
--------------------------------------------------

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...



--------------------------------------------------
Note added at 6 days (2007-11-04 23:14:19 GMT) Post-grading
--------------------------------------------------

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.
Selected response from:

MatthewLaSon
Local time: 21:49
Grading 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!!!
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +1rulingPhilippe VIGNES
3 -2essential rulingMatthewLaSon


  

Answers


6 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
ruling


Explanation:
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).

--------------------------------------------------
Note added at 9 hrs (2007-10-30 06:20:05 GMT)
--------------------------------------------------

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.

Philippe VIGNES
France
Local time: 03:49
Specializes in field
Native speaker of: Native in FrenchFrench, Native in EnglishEnglish
PRO pts in category: 8

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans: agree FR law does not have stare decisis principle, but you can say a "defining ruling"
10 hrs
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7 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -2
essential ruling


Explanation:
Hello,

This is an essential ruling. The word "essential" is there for a reason.

--------------------------------------------------
Note added at 1 day2 hrs (2007-10-30 23:47:52 GMT)
--------------------------------------------------

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...



--------------------------------------------------
Note added at 6 days (2007-11-04 23:14:19 GMT) Post-grading
--------------------------------------------------

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: http://www.nhcafe.com/blog/?m=20060912
MatthewLaSon
Local time: 21:49
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 314
Grading 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!!!

Peer comments on this answer (and responses from the answerer)
disagree  Philippe VIGNES: Your ref reads:Essentially, the court in a ruling, not: the court in an essential ruling
23 mins
  -> Désolé, j'ai confondu ce lien avec un autre. Si, ça se dit effectivement (peut-être pas souvent) Regardez ici: http://www.halt.org/about_halt/in_the_news/1999/federal_judg...

disagree  AllegroTrans: agree with PV - "essential ruling" would not make much sense to legal ears
9 hrs
  -> Well, I've seen it used before. So, it means something to somebody in the legal field. http://www.halt.org/about_halt/in_the_news/1999/federal_judg...
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