Glossary entry

French term or phrase:

branche [d'un moyen]

English translation:

limb [of a legal argument]

Added to glossary by Charlotte Allen
This question was closed without grading. Reason: Answer found elsewhere
Feb 6, 2006 17:43
18 yrs ago
34 viewers *
French term

branche

French to English Law/Patents Law (general) Judgement of the Court of Cassation
From the beginning of a Cour de Cassation judgement -

"Sur le moyen unique, pris en ses deux branches:"

I know what this means - there is a single legal ground for the appeal, which has two 'limbs'. Does anyone know whether there is an accepted translation for this? If not, useful suggestions? My brain's as dead as a doornail today.
Proposed translations (English)
3 +2 prong
3 branches

Discussion

Conor McAuley Apr 1, 2018:
Thanks for the pointers Nikki and Charlotte.
Nikki Scott-Despaigne Feb 7, 2006:
Noted. Thanks.
Charlotte Allen (asker) Feb 7, 2006:
Thanks, Nikki, interesting reference. I'm trying to build up a stock of 'typical' contracts, court judgments, clauses, etc, and that could be a good source. Also, I just bought a book called 'Legal English' by Rupert Haigh, which has proven to be worth its weight in gold. There's a large section in the middle about speaking legal English, which is a bit irrelevant, but the chapter on contractual language is incredibly practical, and the glossaries at the back are fab. Highly recommended. It lists and explains all the 'herewiths' and 'hereinafters'etc. and gives a really clear explanation of the differences between will/shall/may/may not.
Nikki Scott-Despaigne Feb 7, 2006:
Yep agreed. And the odd archaic bells are ringing up in the belfry. Archaic, but then that's not news in legalese. This may be of interest : http://www.ucl.ac.uk/laws/global_law/french-cases/cassation/...
Charlotte Allen (asker) Feb 7, 2006:
For Nikki, and anyone else who still cares - the proofreader confirmed that 'limbs' is used in this context. Yes, it sounds funny, but then so does most legal language.
Charlotte Allen (asker) Feb 7, 2006:
I would, but it's a very long 'Attendu que...que...que...' paragraph that sets out the facts of the case and the decision of the Court of Appeal that is being contested. The two 'branches' of the 'moyen' are (a) that the CA violated Article 1153-1 of the Civil Code and (b) that it violated Article L. 113-5 of the Insurance Code. Having dealt with the first allegation, the Court of Cassation dismisses this appeal with the following sentence: "que le moyen n�est donc pas fond� en sa premi�re branche et est, par suite, inop�rant en sa seconde branche."
A query has gone to the client (although as they are international loss adjusters, I'm not that confident they will know the answer either), so perhaps something will come of that. I'll keep you posted. BTW, I've already sent the translation to the proofreader, having used 'branches' as a suggested translation.
Nikki Scott-Despaigne Feb 7, 2006:
Pls cld you post the phrase that follows ?

Proposed translations

+2
47 mins

prong

Anime Ethics and Legality FAQ 2.0two objections to this one, As It's Really a two-prong argument. First one goes like this: "what if I can get fansubs Without paying (copying from friends, ...
www.members.tripod.com/~AvatarHR/legalfaq.html
Peer comment(s):

agree sarahl (X)
21 mins
arigato
agree Rafael Wugalter (X)
9 hrs
Something went wrong...
1 hr

branches

I am not an expert in law, but it seems that branches could work.
Something went wrong...
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search