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طعن

English translation: appeal

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19:43 Aug 26, 2014
Arabic to English translations [PRO]
Law/Patents - Law (general)
Arabic term or phrase: طعن
طعنت الشركة المدعي عليها الاولى على هذا الحكم

I am especially looking to understand the distinction between طعن and استئناف in the context of the Dubai court system. The document is a description of a case being heard at the Court of Cassation. I understand استئناف to mean appeal, but am not sure of the correct way to translate something like طعن رقم 1221.
Caitlyn Doucette
United States
Local time: 03:21
English translation:appeal
Explanation:
The customary 1-1 correspondence is طعن = challenge and استئناف = appeal, but I don't think the 1-1 correspondence works here. It looks like your instance of طعن should be translated as 'appeal' because it is a court case. 'challenge' has very restricted legal uses or can be a non-specialist term, used in journalism and the like to talk about appeals.

Note this legal dictionary entry doesn't have the 'appeal' meaning for 'challenge':

http://www.translegal.com/legal-english-dictionary/challenge

I've done some quick research and it seems that استئناف is often used to mean an appeal to the Appeal Court (محكمة الاستئناف) which is the lower court, and طعن is often used to mean an appeal to the Court of Cassation (محكمة التمييز) which is the higher court.

Hope this helps!

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Note added at 47 mins (2014-08-26 20:30:50 GMT)
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Response: one way to make the distinction would be to translate the higher one طعن as Court of Cassation Appeal no. 11.

That seems to be used a lot around the web:

https://www.google.com/search?q="court of cassation appeal"&...
Selected response from:

Tim Friese
United States
Local time: 02:21
Grading comment
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +3challange
Tamer Mekhimar
5 +1appeal
Tim Friese


  

Answers


2 mins   confidence: Answerer confidence 5/5 peer agreement (net): +3
challange


Explanation:
challange

Tamer Mekhimar
Egypt
Local time: 10:21
Specializes in field
Native speaker of: Native in ArabicArabic
PRO pts in category: 132

Peer comments on this answer (and responses from the answerer)
agree  Muhammad Said
0 min
  -> Thanks!

agree  Ahmed Ghaly
45 mins
  -> Thanks bro!

agree  Azmatullah
4 hrs
  -> Thanks!
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33 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
appeal


Explanation:
The customary 1-1 correspondence is طعن = challenge and استئناف = appeal, but I don't think the 1-1 correspondence works here. It looks like your instance of طعن should be translated as 'appeal' because it is a court case. 'challenge' has very restricted legal uses or can be a non-specialist term, used in journalism and the like to talk about appeals.

Note this legal dictionary entry doesn't have the 'appeal' meaning for 'challenge':

http://www.translegal.com/legal-english-dictionary/challenge

I've done some quick research and it seems that استئناف is often used to mean an appeal to the Appeal Court (محكمة الاستئناف) which is the lower court, and طعن is often used to mean an appeal to the Court of Cassation (محكمة التمييز) which is the higher court.

Hope this helps!

--------------------------------------------------
Note added at 47 mins (2014-08-26 20:30:50 GMT)
--------------------------------------------------

Response: one way to make the distinction would be to translate the higher one طعن as Court of Cassation Appeal no. 11.

That seems to be used a lot around the web:

https://www.google.com/search?q="court of cassation appeal"&...

Tim Friese
United States
Local time: 02:21
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 52
Notes to answerer
Asker: My concern is just that calling both طعن رقم 11 and استئناف رقم 11 Appeal # 11 is ambiguous, but there may be no way around this, unless I explicitly include which court we're discussing. Thank you for your help!


Peer comments on this answer (and responses from the answerer)
agree  Fazal Abbas: Also - some appeals courts have the authority to review both the facts of the case and interpretations of the relevant law, while a cassation court only reviews interpretation of the law. http://en.wikipedia.org/wiki/Court_of_Cassation
30 mins
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