15:59 Oct 14, 2019 |
French to English translations [PRO] Law/Patents - Law (general) | |||||||
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| Selected response from: Eliza Hall United States Local time: 15:40 | ||||||
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Summary of answers provided | ||||
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5 +2 | is/are not to be considered [or] is/are not justiciable |
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4 | do not come under the jurisdicion of XXX |
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Discussion entries: 5 | |
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is/are not to be considered [or] is/are not justiciable Explanation: There are two ways to say this in English. I would go with the first one suggested above in this case, because it's the closest in meaning to your FR original, but they both work. In English, judges "consider" facts, laws and arguments when making their decisions. When talking about something that a judge should not take into account when making their decision, we commonly say it should not be "considered." Without getting into way too much detail, a basic example is that in the US, appellate judges are not supposed to consider witness credibility questions (i.e. they can't overturn a lower court's decision on the grounds that XYZ witness wasn't credible), because witnesses testify in lower courts -- not appeals courts -- so determining their credibility is the task of lower-court judges, not appellate judges. That's just one of approximately 1 zillion examples. Anything that a judge isn't supposed to take into account in reaching their decision "should not be considered" by the judge. As for the second possibility, in the US we have a doctrine similar to the one that's being argued in your case: the political question doctrine. It's similar in subject matter, but different in that it's about political questions that are still up in the air, as opposed to ones that (as in your case) have already been decided by the political bodies in question. Such questions are "not justiciable," i.e., US judges are not allowed to rule upon them: https://www.law.cornell.edu/wex/political_question_doctrine As I said, I think the first option is closer to your original and works better grammatically/syntactically. But it's your call. |
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