défenderesse sur le fond...

English translation: defendant and applicant

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17:47 Jan 16, 2003
French to English translations [PRO]
Law/Patents
French term or phrase: défenderesse sur le fond...
This appears in a legal text, providing no further context. The sentence "Défenderesse sur le fond" appears on one line
and "Demanderesse sur exception" on the next line.
I'm wondering if they're just fancy ways of saying simply "Defendant" and "Plaintiff".

TIA,

Martin
Martin Perazzo
Spain
Local time: 03:22
English translation:defendant and applicant
Explanation:
I'd say this is the same party. It's common for parties to have different roles at different stages of a case (e.g. "X., plaintiff and respondent" etc.). Since you have no context it's best not to finesse it too much. So I'd use defendant rather than respondent, and applicant as a safe general term for a party raising an "exception" of any kind.

"sur le fond" can mean "on the merits" but not here, at least not directly. If you don't like using defendant on its own (although that would be standard in English) use "in the main trial/proceedings" for "sur le fond".
Selected response from:

Per Incuriam
Grading comment
Thank you very much, Per. In a subsequent text I had to translate, the parties were switched around, i.e. party A had become the défenderesse and party B the demanderesse. So your take on the situation was spot-on. Thanks again!

Martin
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +3respondant on the merits
Francis MARC
4 +1respondent on the merits
Lanna Castellano
4defendant and applicant
Per Incuriam
4main defendant si première instance, main respondent if appeal
cjohnstone


Discussion entries: 1





  

Answers


7 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +3
respondant on the merits


Explanation:
in that case the person is a woman

PS Docket No. 9/31 -- FERNDALE NURSERIES - [ Traduire cette page ]
... has acted in good faith, that no party will be prejudiced and that it is in the best interests of justice to permit Respondent to be heard on the merits of the ...
www.usps.com/judicial/1980deci/9-31.htm - 5k - En cache - Pages similaires

PS Docket No. 16/99 -- THE ROBERTSON-TAYLOR COMPANY - [ Traduire cette page ]
... It can hardly be said that Respondent has prevailed on the merits, or in any other sense, as to an alleged misrepresentation which was withdrawn prior to any ...
www.usps.com/judicial/1987deci/16-99.htm - 12k - En cache - Pages similaires
[ Autres résultats, domaine www.usps.com ]

Olsen's Response to DEA's Motion for Remand - September 21, 1993 - [ Traduire cette page ]
... However, since the respondent ruled on the merits of my petition, it is questionable whether the respondent actually refused to accept my petition for filing. ...
www.druglibrary.org/olsen/DEA/remand-r.html - 8k


Francis MARC
Lithuania
Local time: 04:22
Native speaker of: Native in FrenchFrench
PRO pts in pair: 6500

Peer comments on this answer (and responses from the answerer)
agree  writeaway: but has nothing do with male/female. could easily be a company (société, which is femine but not a woman)
10 mins

agree  Lise Boismenu, B.Sc.: Tout à fait.
5 days

agree  Yolanda Broad
6 days
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18 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
respondent on the merits


Explanation:
as opposed to the respondent as to the challenge (for example to the court's jurisdiction); the "exception" has to be dealt with before the court rules as to the merits of the case, or before.

--------------------------------------------------
Note added at 2003-01-17 08:03:13 (GMT)
--------------------------------------------------

demanderesse sur exception - \"claimant [applicant, petitioner] on the challenge\" or on the procedural or interlocutory matter, as Sarah says, not respondent - my mistake!

Lanna Castellano
Local time: 02:22
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 377

Peer comments on this answer (and responses from the answerer)
agree  Sarah Walls: le fond is the substance of the case, as opposed to procedural or interlocutory matters
32 mins
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
main defendant si première instance, main respondent if appeal


Explanation:
main me paraît donner le "sur le fond" c'est-à-dire la partie intéressée au fond de l'affaire et non à la procédure qui s'ensuit
après il s'agit de savoir si c'est en permière instance ou enapel, d'où les deux options ci-dessus

cjohnstone
France
Local time: 03:22
Native speaker of: Native in FrenchFrench, Native in EnglishEnglish
PRO pts in pair: 1632
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6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
defendant and applicant


Explanation:
I'd say this is the same party. It's common for parties to have different roles at different stages of a case (e.g. "X., plaintiff and respondent" etc.). Since you have no context it's best not to finesse it too much. So I'd use defendant rather than respondent, and applicant as a safe general term for a party raising an "exception" of any kind.

"sur le fond" can mean "on the merits" but not here, at least not directly. If you don't like using defendant on its own (although that would be standard in English) use "in the main trial/proceedings" for "sur le fond".

Per Incuriam
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 45
Grading comment
Thank you very much, Per. In a subsequent text I had to translate, the parties were switched around, i.e. party A had become the défenderesse and party B the demanderesse. So your take on the situation was spot-on. Thanks again!

Martin
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