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appréciation (pouvoir d')

English translation: without prejudice to the discretion of the judge/court...

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:appréciation (pouvoir d')
English translation:without prejudice to the discretion of the judge/court...
Entered by: Monica Sandor

08:39 Apr 12, 2005
French to English translations [PRO]
Law/Patents - Law: Contract(s)
French term or phrase: appréciation (pouvoir d')
"sans préjudice du pouvoir d’appréciation du juge le cas échéant".

The phrase is in a standard employment contract, in the termination clause. It lists a number of infractions for which an employee may be terminated without notice or compensation. I see there are many entries for "appréciation" (and for sans préjudice) in the glossaries, but want to be sure I am ok to translate in this context as follows:

"without prejudice to the power of a judge to assess the matter should the case warrant it" . Specifically, I am not sure whether "appréciation" here means simply to make a judgment, or if it refers to assessing the actual value of the damages if any. My wording here sort of leaves it open to either interpretation.

I thought generally "without prejudice" alone in legal terms is sufficient to express the idea that the party is entitled to seek further redress at law if losses or damages have been incurred. But since the French spells it out, I thought I need to do so as well.

Many thanks for your collective insights!
Monica Sandor
Belgium
Local time: 12:48
without prejudice to the discretion of the judge/court...
Explanation:
My take
Selected response from:

hirselina
Grading comment
thanks! 'discretion of the judge' seems indeed to be widely used.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +2right/exercice of independant appraisal/judgment
Francis MARC
3 +1without prejudice to the discretion of the judge/court...
hirselina


  

Answers


5 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
without prejudice to the discretion of the judge/court...


Explanation:
My take

hirselina
Native speaker of: Native in FrenchFrench, Native in DutchDutch
PRO pts in category: 11
Grading comment
thanks! 'discretion of the judge' seems indeed to be widely used.

Peer comments on this answer (and responses from the answerer)
agree  Sarah Walls
3 hrs
Login to enter a peer comment (or grade)

7 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
appréciation (pouvoir d')
right/exercice of independant appraisal/judgment


Explanation:
=

--------------------------------------------------
Note added at 7 mins (2005-04-12 08:47:25 GMT)
--------------------------------------------------

***\"ExerciSe\"

Francis MARC
Lithuania
Local time: 13:48
Native speaker of: Native in FrenchFrench
PRO pts in category: 154

Peer comments on this answer (and responses from the answerer)
agree  Vicky Papaprodromou
28 mins

agree  Assimina Vavoula
1 hr
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