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à un motif surabondant

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10:49 Nov 7, 2008
This question was closed without grading. Reason: Answer found elsewhere

French to English translations [PRO]
Law/Patents - Law (general) / Court decision
French term or phrase: à un motif surabondant
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.
Paula McMullan
Local time: 09:54
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Summary of answers provided
3 +1obiter dictum (plural: obiter dicta)
Christiana Tziortziou
3to an alternative/further or alternative/ groundxxxAdrian MM.


  

Answers


38 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
obiter dictum (plural: obiter dicta)


Explanation:
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.

Example sentence(s):
  • 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.

    Reference: http://legal-directory.net/english-law/ratio-decidendi-and-o...
    Reference: http://www.answers.com/topic/obiter-dictum
Christiana Tziortziou
Local time: 11:54
Works in field
Native speaker of: Native in GreekGreek

Peer comments on this answer (and responses from the answerer)
agree  Carolyn Brice
1053 days
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
to an alternative/further or alternative/ ground


Explanation:
s'attache? Obiter dictum is what the Court says, but it is referring here to a ground.

xxxAdrian MM.
Local time: 10:54
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 858
Notes to answerer
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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