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en premier et dernier ressort

English translation: judgment by court of first and last resort

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17:05 Dec 11, 2003
French to English translations [PRO]
Law/Patents
French term or phrase: en premier et dernier ressort
"Il statue cependant en premier et dernier ressort et sa sentence est exécutoire."

I am a little uncertain as to how to phrase "en premier et dernier ressort" in English and would appreciate any suggestions.

Many thanks


Ian
xxxIanW
Local time: 00:18
English translation:judgment by court of first and last resort
Explanation:
judgment by court of first and last resort,if the case is within the jurisdiction of one court only

ref. Le Docte

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Note added at 2003-12-11 17:18:49 (GMT)
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Date of the judgment
... which is neither legislative nor executive in nature, consisting of the power to determine, as a court of first and last resort, the constitutionality of a law ...
courtdomino.courts.go.jp/promjudg.nsf/0/ 31955ca02540cc9949256b880036222e?OpenDocument - 10

Amnesty International - Library - Burundi: Memorandum to the ...
... Amnesty International further questions the ability of any court of first and last resort to comply with article 14(5) of the ICCPR, and notes that some ...
web.amnesty.org/library/Index/ ENGAFR160311998?open&of=ENG-FRA - 40k

[PDF] 1 Europe’s Judges
File Format: PDF/Adobe Acrobat
... Thus, even where the Court of Justice sits as a court of first and last resort, its decisions are in effect judicially considered twice over. ...
www.oup.co.uk/pdf/0-19-825898-4.pdf

Selected response from:

writeaway
Grading comment
In the end, after consulting my customer, I went for "first and last resort". Thanks writeaway and everyone else who contributed. Shame so much blood was spilt, though ...

4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +5in the first and last instance
William Stein
3 +2judgment by court of first and last resort
writeaway
5The court's ruling is a judgement without appeal and is enforceableJane Lamb-Ruiz
4first and definitive ruling (no appeal ruling)
cjohnstone


Discussion entries: 1





  

Answers


5 mins   confidence: Answerer confidence 5/5
The court's ruling is a judgement without appeal and is enforceable


Explanation:
That's what it means....

Or
Judgment by a court of first and last resort

versus jugement en premier=appealable ruling

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Note added at 2003-12-11 17:12:00 (GMT)
--------------------------------------------------

Il refers to the court and not the judge. :)

--------------------------------------------------
Note added at 2003-12-11 22:17:49 (GMT)
--------------------------------------------------



EXECUTOIRE MEANS ENFORECEABLE IN ENGLISH

--------------------------------------------------
Note added at 2003-12-11 22:19:47 (GMT)
--------------------------------------------------

NOte to William

Il does not refer to the judge and court. And I remind you that shareholder meetings are for all shareholders...not for classes of shareholders. Here you are, wrong again, on the grammar and on the language and it just shows that you don\'t grasp the Frencdh. So get off my back.

Jane Lamb-Ruiz
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in pair: 8576

Peer comments on this answer (and responses from the answerer)
disagree  William Stein: 1) any court's judgement is enforceable; 2) it's FIRST and last (it can hear cases as a trial court OR as a court of appeals); 3) it refers to both the judge who makes the ruling and the court he presides over. But other than that...
9 mins
  -> William why don't you leave me alone? This is from a French legal dictionary

agree  writeaway: well, you gave your explanation and THEN the term; other than that you are spot on ;-)
35 mins
  -> Thanx

agree  cjohnstone: agree fully Jane
1 hr
  -> Thanx, it is the first term given in the dictionary I quote below

disagree  toubabou: this is an explanation, not an accurate translation, William is right
2 hrs
  -> I really do not "estime" your answer. Sorry. My answer is copied verbatim from Dict. econ et juridique 4th edition. so take your argument elsewhere
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9 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
judgment by court of first and last resort


Explanation:
judgment by court of first and last resort,if the case is within the jurisdiction of one court only

ref. Le Docte

--------------------------------------------------
Note added at 2003-12-11 17:18:49 (GMT)
--------------------------------------------------

Date of the judgment
... which is neither legislative nor executive in nature, consisting of the power to determine, as a court of first and last resort, the constitutionality of a law ...
courtdomino.courts.go.jp/promjudg.nsf/0/ 31955ca02540cc9949256b880036222e?OpenDocument - 10

Amnesty International - Library - Burundi: Memorandum to the ...
... Amnesty International further questions the ability of any court of first and last resort to comply with article 14(5) of the ICCPR, and notes that some ...
web.amnesty.org/library/Index/ ENGAFR160311998?open&of=ENG-FRA - 40k

[PDF] 1 Europe’s Judges
File Format: PDF/Adobe Acrobat
... Thus, even where the Court of Justice sits as a court of first and last resort, its decisions are in effect judicially considered twice over. ...
www.oup.co.uk/pdf/0-19-825898-4.pdf



writeaway
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 2881
Grading comment
In the end, after consulting my customer, I went for "first and last resort". Thanks writeaway and everyone else who contributed. Shame so much blood was spilt, though ...

Peer comments on this answer (and responses from the answerer)
agree  cjohnstone: agree fully as well
1 hr

agree  Jane Lamb-Ruiz: yes court of first and last resort is the alternative translation
4 hrs
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1 min   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +5
in the first and last instance


Explanation:
This means that he's like the trial court and the supreme court so his ruling is unappealable (i.e., he's a bad mofo)

--------------------------------------------------
Note added at 3 mins (2003-12-11 17:08:07 GMT)
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Oh ye of little faith!:

JUSTICE
... Furthermore, it hears specific cases as a court of the first and last instance
involving military matters as prescribed by law. (Constitution, Art. 156). ...
www.die.gov.tr/TURKISH/SOZLUK/08adii.htm - 5k - Cached - Similar pages

IVORY COAST
... The Administrative Chamber is competent, in first and last instance, to declare
void decisions issued by administrative authorities for being ultra vires. ...
www.iasaj.org/juridic/fiches/membre/cotivoir.htm - 10k - Cached - Similar pages

TURKEY
... State. The admininstrative tribunals are adjudicating, in first and
last instance, disputes arising from administrative matters. ...
www.iasaj.org/juridic/fiches/membre/turqui.htm - 17k - Cached - Similar pages
[ More results from www.iasaj.org ]



--------------------------------------------------
Note added at 12 mins (2003-12-11 17:17:19 GMT)
--------------------------------------------------

Oh ye of little faith!:

JUSTICE
... Furthermore, it hears specific cases as a court of the first and last instance
involving military matters as prescribed by law. (Constitution, Art. 156). ...
www.die.gov.tr/TURKISH/SOZLUK/08adii.htm - 5k - Cached - Similar pages

IVORY COAST
... The Administrative Chamber is competent, in first and last instance, to declare
void decisions issued by administrative authorities for being ultra vires. ...
www.iasaj.org/juridic/fiches/membre/cotivoir.htm - 10k - Cached - Similar pages

TURKEY
... State. The admininstrative tribunals are adjudicating, in first and
last instance, disputes arising from administrative matters. ...
www.iasaj.org/juridic/fiches/membre/turqui.htm - 17k - Cached - Similar pages
[ More results from www.iasaj.org ]



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Note added at 22 mins (2003-12-11 17:27:25 GMT)
--------------------------------------------------

I think in your case it might mean that the court of arbitration initially hears your case (in the first instance) and if you want to appeal its decision, you have to appeal to the court of arbitration again (in the last instance) instead of appealing to the courts of law. That makes sense, because the whole point of these arbitration agreements is to avoid going to court (especially in international cases where it gets really messy deciding what the governing law will be and requires a lot of travelling). If the plaintiff could appeal the arbitrators\' decision to a court of law, it would defeat the purpose of the clause (avoiding litigation).

William Stein
Costa Rica
Local time: 17:18
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 1737

Peer comments on this answer (and responses from the answerer)
agree  Abdellatif Bouhid
3 mins

agree  Emanuela Galdelli
7 mins

agree  xxxcaroail
32 mins

agree  Iolanta Vlaykova Paneva
1 hr

agree  toubabou
2 hrs

agree  ZIL
2 hrs

disagree  Jane Lamb-Ruiz: It's not "he" William; it's "it's and instance is wrong
5 hrs
  -> I answered before Ian added the explanation about the court, as you well know. As to "instance" being wrong, it's just another wild unsubstantiated claim. Write it in caps and add three exclamation points and you'll probably make somebody believe it.
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
first and definitive ruling (no appeal ruling)


Explanation:
NA

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Note added at 2 hrs 3 mins (2003-12-11 19:08:59 GMT)
--------------------------------------------------

if you do not like definitive try final

cjohnstone
France
Local time: 00:18
Native speaker of: Native in FrenchFrench, Native in EnglishEnglish
PRO pts in pair: 1632
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