KudoZ home » French to English » Law (general)

vice de procédure

English translation: procedural error

Advertisement

Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs
(or are passionate about them). Participation is free and the site has a strict confidentiality policy.
GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:vice de procédure
English translation:procedural error
Entered by: xxx::::::::::
Options:
- Contribute to this entry
- Include in personal glossary

09:50 Nov 22, 2008
French to English translations [PRO]
Law/Patents - Law (general)
French term or phrase: vice de procédure
Le vice de procédure est lié à la méconnaissance d'une règle organisant la procédure d'élaboration d'une décision ou de conclusion ...
xxx::::::::::
Iraq
Local time: 22:29
procedural error
Explanation:
A procedural error ((...)) shall be treated as an irregularity and shall not render the proceeding a nullity ((...)).

or maybe:
irregularity in procedure
Selected response from:

Assimina Vavoula
Greece
Local time: 23:29
Grading comment
Thanks to all Ao5 Graham etc .
4 KudoZ points were awarded for this answer

Advertisement


Summary of answers provided
5 +3legal irregularity
Graham macLachlan
3 +2procedural flaw
a05
3 +2procedural errorAssimina Vavoula
4defects in proceedings
swanda
Summary of reference entries provided
Ellen Kraus

  

Answers


43 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
procedural error


Explanation:
A procedural error ((...)) shall be treated as an irregularity and shall not render the proceeding a nullity ((...)).

or maybe:
irregularity in procedure

Assimina Vavoula
Greece
Local time: 23:29
Works in field
Native speaker of: Native in GreekGreek
PRO pts in category: 48
Grading comment
Thanks to all Ao5 Graham etc .
Notes to answerer
Asker: Went with this in the end thanks to all Ao5, Graham etc.


Peer comments on this answer (and responses from the answerer)
agree  writeaway: that's what's in RC (ie procedural error) and it certainly fits the context shown.
26 mins
  -> Thanks. Have a nice day...

agree  B D Finch: Bridges gives this.
49 mins
  -> Thanks. Have a nice day... [

neutral  Rafael Wugalter: an "error" is usually committed by the decision-maker, whereas a "defect" is generally something for which a party/counsel is responsible
1 day9 hrs
  -> ...
Login to enter a peer comment (or grade)

24 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
procedural flaw


Explanation:
"legal" has two sides: procedure or substance
It is procedure in this case.

--------------------------------------------------
Note added at 3 hrs (2008-11-22 13:23:59 GMT)
--------------------------------------------------

One can imagine a flaw which is not an error, for example, if the procedure is willfully misused.

a05
Native speaker of: Native in RussianRussian
PRO pts in category: 45

Peer comments on this answer (and responses from the answerer)
neutral  writeaway: agree with procedural but not necessarily with flaw. is the procedure itself flawed or did someone make a mistake using it?
5 mins
  -> it is an attempt to translate the term "vice de procédure", which also admits both interpretations. The same for "irregularity" and "defect" -- they may mean both. When the whole sentence is translated, such ambiguity disappears.

agree  Ellen Kraus: yes, my is based on link offered in the reference column
12 mins

neutral  B D Finch: A flaw might be acceptable where an error would not be.
1 hr

agree  Rafael Wugalter: this or "procedural irregularity" would be OK
1 day3 hrs
Login to enter a peer comment (or grade)

14 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
defects in proceedings


Explanation:
law.onecle.com/michigan/279-drains/mcl-279-37.html
codes.ohio.gov/orc/2719
www.rilin.state.ri.us/statutes/title3/3-12/3-12-17.HTM
www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=1...

swanda
Local time: 22:29
Specializes in field
Native speaker of: Native in FrenchFrench
PRO pts in category: 3
Login to enter a peer comment (or grade)

15 mins   confidence: Answerer confidence 5/5 peer agreement (net): +3
legal irregularity


Explanation:
straight out of Oxford/Hachette

--------------------------------------------------
Note added at 20 mins (2008-11-22 10:11:28 GMT)
--------------------------------------------------

The COE legal dictionary gives "procedural defect/irregularity" which might be better in the context

--------------------------------------------------
Note added at 4 hrs (2008-11-22 14:10:01 GMT)
--------------------------------------------------

Refs for:
– legal irregularity

The Statute authorizes this cases, one where fraud is shown, and the where some legal irregularity exists in the proceeding.
query.nytimes.com/gst/abstract.html?res=F00F1FFD345F10728DDDAA0A94DB40...

– procedural irregularity

18 Nov 2008 ... The Judge held this to be a procedural irregularity, since the other party had not had full notice of the case being raised, ...
cadwalladerpropertylaw.blogspot.com/2008/11/procedural-irregularity-in-adjudication.html

– procedural defect

In the instant case, the district court sua sponte remanded the case to the state court within thirty days of removal because of a procedural defect. ...
caselaw.findlaw.com/cgi-bin/getcase.pl?court=11th&navby=docket&no=0013754opn

– procedural flaw

Procedural Flaw Blocks Amended Complaint in Medicare Fraud Suit. By ROBERT WOODMAN MCSHERRY, Andrews Publications Staff Writer ...
news.public.findlaw.com/andrews/h/hcf/20061208/20061208_atkins.html

Found nothing convincing for "procedural error" despite it being in COE legal dictionary (which is the "Bridge's" that BDF refers to)

--------------------------------------------------
Note added at 1 day9 hrs (2008-11-23 19:21:37 GMT) Post-grading
--------------------------------------------------

I'll update my views on "procedural error":

The administrative judge reversed the agency action, finding the agency committed harmful procedural error by issuing its decision longer than 30 days after ...
www.opm.gov/LMR/sc/145/145_8.asp

Graham macLachlan
Local time: 22:29
Native speaker of: Native in EnglishEnglish
PRO pts in category: 298

Peer comments on this answer (and responses from the answerer)
agree  a05: procedural defect/irregularity
3 hrs
  -> thanks

agree  Aude Sylvain: procedural defect/irregularity
3 hrs
  -> thanks

agree  Jane RM: Procedural defect is the right term
3 hrs
  -> thanks

agree  GILOU
4 hrs
  -> thanks

neutral  rkillings: Make 'procedural defect' the answer, and I would agree. (Don't subject the asker to a multiple-choice quiz!)
8 hrs
  -> I think that was included in my 5 answers :)//IMO there are multiple answers!

disagree  Rafael Wugalter: exactly rkillings - just using "legal" isn't specific enough
1 day4 hrs
  -> just? it depends on the context//most users of this site reserve 'disagree' for answers which are completely or outrageously wrong
Login to enter a peer comment (or grade)




Reference comments


35 mins
Reference

Reference information:
Judgment 2036 - ILO Administrative Tribunal - [ Diese Seite übersetzen ]Its failure to do so constituted a serious procedural flaw. .... owing to the relatively "political" nature of such decisions; consequently, ...
www.ilo.org/public/english/tribunal/fulltext/2036.htm - 26k

Ellen Kraus
Austria
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 126

Peer comments on this reference comment (and responses from the reference poster)
neutral  writeaway: to quote your text: Registry's translation, the French text alone being authoritative.
34 mins
Login to enter a peer comment (or grade)




Voters for reclassification
as
PRO / non-PRO
Non-PRO (2): Graham macLachlan, writeaway


Return to KudoZ list


KudoZ™ translation help
The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.



See also:



Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search