English translation: remand, referral back to lower court
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Explanation: Sounds like the decision of the Cour de cassation to refer the appeal back to the lower court... But Allegro is right, more context is needed to be sure. ;-)
-------------------------------------------------- Note added at 2 hrs (2011-12-23 17:10:11 GMT) --------------------------------------------------
remand
[...]
2. Law.
a. to send back (a case) to a lower court from which it was appealed, with instructions as to what further proceedings should be had.
[...] http://dictionary.reference.com/browse/remand
To clarify, the Cour de cassation may set aside the decision being appealed and refer the case back to the lower court for reconsideration.
-------------------------------------------------- Note added at 6 days (2011-12-29 16:25:03 GMT) Post-grading --------------------------------------------------
Many thanks. It was referred back by the Court ofCassation. Sorry for the delay - computer problems and short deadline. Best wjshes, Linda 4 KudoZ points were awarded for this answer
whether it is from a country using the French/Napoleonic legal system and a Cour de cassation (we cannot make that assumption even though it is likely). However, since the asker appears to have lost interest I don't think we can take it any further.
I too think it was the Cour de cassation (as posted in my answer), but it would be nice to know for sure. In any case, I don't think we need to know in this case the specific chamber. ;-)
It has to be a referal from the Cour de Cassation, the only question would be which chamber, again depending on which country??? France, Belgium? Morocco????
but we definitely need to know which country this is from and which court this decision was made in - I see this as highly relevant for proper translation.
Actually, CC, you are right. The usual situation in which reamdn is used is when a defendant is held on remand, pending trial. Secondly, a case can be referred to a lower court for retrial, in which case the term "remand" is quite correct. You are right! And if that fits the bill here, well, that makes you right on both points!
See my additional note with reference fo the UK. More foten heard for referal of a defendant but also where case referred back to a lower court with procedural instructions.
I believe we have the same reading, but I wasn't aware that "remand" had a different meaning in BE. So thank you. :-)) Plus I'll try to clarify my Answer by adding a Note.
'Remand' has a meaning for the US which appears to fit here, if your reading and mine match the original, which based on the limited info we have is impossible to decide for sure.
Note that 'remand' has a different meaning in England and Wales.
Context is required here. Also you will often find "renvoi en cassation" et "renvoi de cassation", which are quite different, the former is referral "to" the latter referral "from". A little bit of background info to set the scene, the sentence before and the sentence after the one with your term in it. So, three sentences at least would be helpful with a little bit of the story too.. I would not hazard a suggestion until I have more context, but there is a note in a reference post which might help.
This is a legal term and proper context is needed to give you a reliable suggestion.
1. Which country is it from? 2. Which Court is involved (I imagine Cour de Cassation, but this cannot be assumed) 3. Is this a criminal, civil or commercial matter? 4. Please provide at least a whole sentence containing the term (as asked by KudoZ when you posted).
Thanks!
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Answers
42 mins confidence:
remand of the case
Explanation: Sounds like the decision of the Cour de cassation to refer the appeal back to the lower court... But Allegro is right, more context is needed to be sure. ;-)
-------------------------------------------------- Note added at 2 hrs (2011-12-23 17:10:11 GMT) --------------------------------------------------
remand
[...]
2. Law.
a. to send back (a case) to a lower court from which it was appealed, with instructions as to what further proceedings should be had.
[...] http://dictionary.reference.com/browse/remand
To clarify, the Cour de cassation may set aside the decision being appealed and refer the case back to the lower court for reconsideration.
-------------------------------------------------- Note added at 6 days (2011-12-29 16:25:03 GMT) Post-grading --------------------------------------------------
@ Linda: You're welcome and Happy New Year! :-)
cc in nyc Local time: 14:39 Native speaker of: English PRO pts in category: 147
Grading comment
Many thanks. It was referred back by the Court ofCassation. Sorry for the delay - computer problems and short deadline. Best wjshes, Linda
Notes to answerer
Asker: Many thanks. Best wishes for the New Year. Linda
Reference: referal from the <i>Cour de Cassation</i>
Reference information: I'm not going to spend any more time on this until we have more context. However note the important albeit tiny word "de" rather than "en".
When a matter is referred to the Cour de Cassation (CC) it is described as being a "renvoi EN cassation", a referral to the CC on a matter of law. If the CC agrees, admits the appeal, then it can refer the matter back down to lower appropriate court for the matter to be retried, bearing in mind the decision of the CC on the matter of law in question. The latter situation is a "renvoi DE cassation".
Lorsque la Cour juge que le pourvoi est fondé, elle "casse et annule" le jugement ou l'arrêt et, en principe, elle renvoi l'affaire à la connaissance d'une juridiction de même degré pour qu'il soit à nouveau statué.
-------------------------------------------------- Note added at 1 hr (2011-12-23 17:02:46 GMT) --------------------------------------------------
I agree with CC in NYC on her suggestion for the use of "remand" if our reading of the French is correct.
10). remand 1. To send or to order back. 2. In law, to send back to custody; to send back (a case) to a lower court with instructions about further proceedings. 3. The act of sending an accused person back into custody to await trial (or the continuation of the trial). 4. To lock up or to confine, in or as in a jail.
Found on http://www.wordinfo.info/words/index/inf
-------------------------------------------------- Note added at 6 hrs (2011-12-23 21:37:03 GMT) --------------------------------------------------
If this is the French Cour de Cassation, then this should help. I have read "en survol" and given the choice of "de" there appear to be little doubt that this is a referal "from" the CC to a lower court, a 'remand'.
In terms of context, what would be helpful, would be a little bit of chronology. Try to answer the question is it possible in the schedule of events that the matter be referred from the CC to a lower court? Has there been a dispute relating to the application of a law (substantive or procedural?)???
-------------------------------------------------- Note added at 6 hrs (2011-12-23 21:37:40 GMT) --------------------------------------------------
application of 'the' law... sorry, gone a bit French all of a sudden!
Nikki Scott-Despaigne France Specializes in field Native speaker of: English PRO pts in category: 174
Note to reference poster
Asker: Many thanks. Best wishes for the New Year, Linda
The translation workplace 
