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Romanian to English translations [PRO] Law/Patents - Law (general)
Romanian term or phrase:contestatie
Citatie, stadiul procesual al dosarului este fond, iar obiectul dosarului este contestatie decizie de concediere. Fiind vorba de fond, nu imi este clar daca pot utiliza "appeal to decision to dismiss" sau este mai safe sa folosesc "challenge". Multumesc!
I don't want to get into a futile debate, but in the US it is the way I wrote it. In over 20 years of court interpreting, never heard an American judge say "you can appeal against my decision"; I always hear "You can appeal my decision ...." https://www.ssa.gov/disabilityssi/appeal.html
Nowhere in your link does "appeal the termination" appear. "Appeal" is correctly used when followed with a preposition. On searching google 13,000 ghits appear for "appeal the", but over 5,000,000 appear for "appeal against". Where a noun is directly following "appeal", there is most commonly a preposition used. It sounds awkward and clumsy to say "appeal + noun" in this way, a few ghits does not mean it sounds good or is correct.
"PART 52 - APPEALS I GENERAL RULES ABOUT APPEALS ............ Judicial review appeals from the High Court Rule 52.15 Judicial review appeals from the Upper Tribunal Rule 52.15A Planning statutory review appeals Rule 52.15B Who may exercise the powers of the Court of Appeal...." https://www.justice.gov.uk/courts/procedure-rules/civil/rule...
Uite un document cu 205 ocurenţe ale unor cuvinte care au "claim" în rădăcină (claimed, claimant, etc.): http://lsr.nellco.org/cgi/viewcontent.cgi?article=1346&conte... Apropo, de acord că "challenge in court" ar fi fost mai bine. Andreea: totul e bine când se termină cu bine :-)
Thank you all for your effort and I'm really sorry that I failed to provide all the details. This was indeed a reply to a statement of defence. The case is to be tried in a court of first instance in 2 months' time, so there has been no court ruling yet. That is why I wanted to make sure that my using "appeal" for "contestatie" would not imply that the stage of the process is that of appeal... My option when I delivered the translation a few days ago was "appeal against" (thank you, Lara, for the grammar check)... The reviser validated it as such.
@Lara: I never said one cannot appeal a decision made by a judge in a court. I only said one cannot appeal the employer's decision in a court. @Liviu: As you said, your links are irrelevant. For UK, see my first post in this discussion. There is link there that clarifies the procedure. First, the sacked employee appeals with the employer, then files a claim. Happy New Year!
Your employer can protest your unemployment benefits but can't deny them. The state unemployment office, not your employer, makes the decision about whether you receive benefits. You or your employer may appeal or "challenge" that agency's decision, though.
Nu am găsit nicăieri „claim”
Probationary employees can normally be discharged at any time within the probationary period with no right to appeal or "fight" the termination
For crying out loud! This case is not an appeal against " the decision made by the judge". How many times do I have to say it? This is a case filed in the court of first instance.
Possibly in Romanian English this could not be said, I am not in a position to comment. However, I am talking in terms of English from my home country, England. As you will see from a couple of links from UK legal bodies below:
I have not made any definite assumptions about the text. I was merely commenting on your assertion that it could not be an appeal because "it is brought in a court of law". As you will see from my link above, there is not a necessary rule against the processing of an "appeal" in a court case, i.e. an appeal can be made in a court, but you were suggesting that this could not be so. In addition to this, as I have said above, in terms of a decision that has already been made, we can safely say "appeal against" this decision.
All your assumptions are wrong. An employee was fired and files a case for unlawful dismissal. It is not an appeal. One has to state all the heads of claim right from the beginning.
I did not say that there would not necessarily be any claim for compensation. I am referring only to this phrase, which involves this particular stage of the process. A claim for compensation would probably arise only after a FINAL decision has been made. The fact that the appellant has not yet finished any court procedures, but has obviously been given the chance to appeal against the decision, would suggest that the FINAL decision has yet to be made, confirmed or changed. If the FINAL decision falls in favour of the appellant there would be no need to claim for compensation etc.
I am aware of that. I am trying to inform the asker as much as comment on your entry. I was just saying that "appeal" is fine to use in this case, probably preferable to claim. A claim in an employment tribunal would probably imply compensation. I do not think that this case has got that far yet. i.e. A "claim" normally means you are asking for something such as money (claiming compensation or claiming expenses etc), whereas an "appeal" is the process you would use to dispute a decision, an order or a judgment.
I never intended to discuss prepositions. My post was meant to address the following part in the asker's question: Fiind vorba de fond, nu imi este clar daca pot utiliza "appeal...".
Why are we discussing this? In this text, someone has filed a claim of unfair dismissal in the lower court. In Ro, this is called a "contestaţie". It is not an appeal.
In the case is same as "appeal to higher court". "Apply" is a general term describing any official request, whereas "appeal" is being more specific about the situation.
But if it is a dispute about a decision, then it is an "appeal". You do not "claim" against a decision. An appeal can be made in a court, depending on the issue and the bodies involved.
I wasn't suggesting "with" as an alternative to "against", but contending that "appeal" is not correct in this context and that this is actually a claim, as it is brought in a court of law. As I said, my point had nothing to do with prepositions.
... I am actually making is that "appeal with" is a descriptive term that would be used when discussing an appeal from a certain angle. I do not see how it is relevant here - especially as you would normally say "appeal to" or "appeal against" the employer. If you said "I am lodging an appeal WITH my employer" you would be implying WHERE you are intending to place your appeal in order to start the action - it does not cover the action of the appeal itself.
"With" would only be used to convey a certain meaning. You still need a preposition to use with the noun, i.e. "the decision". "With the employer" only means that both parties are involved in the case, it does not position the verb anywhere in relation to the issue (or object).
peer agreement (net): +2
