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French to English translations [PRO] Law/Patents - Law (general)
French term or phrase:avoir l'occasion
When used in connection with the Cour de Cassation, as it often is, I've got a hunch that this expression means something a bit more solennel than "have the opportunity":
"Aussi, dans un arrêt du 3 octobre 1972, la Cour de cassation a-t-elle eu l'occasion de préciser qu'en cas de rupture abusive des négociations « la responsabilité délictuelle prévue aux articles susvisés du code civilpeut être retenue en l'absence d'intention de nuire » ."
I suspect it might be "chose to do" or "bestirred itself (in its majesty) to do" or even "settled the question" ... Sometimes in this sort of situation it turns out that there is in fact an equivalent English legal idiom. I've examined Trésor de la LF (for example) and Bridge, but can't find any enlightenment.
Explanation: Personally I think that the "majestrial" "avoir l'occassion" is not needed in English My preference is for "The Court.....held that"
The Language of Judicial Rulings Answers | CUNY School of ... www.law.cuny.edu › ... › Know Your Legal Language The state court held that, where a child's biological mother had remarried a person of a different race and it was inevitable that the child would suffer social ...
How 2 Write Good - Maurer School of Law law.indiana.edu › instruction › tanford › web › reference PDF c) "the court held, although with limits, that a bicyclist must adhere to traffic rules". GOOD WRITERS PUT QUALIFYING PHRASES AT THE END OF SENTENCES ...
the court held that synonym | English synonyms dictionary ... dictionary.reverso.net › english-synonyms › the+court+... the court held that synonyms and antonyms in the English synonyms dictionary, see also 'courtly',curt',courtesy',courtier', definition. Understand the court held ...
What is the difference between ''The Court held'' and ''The ... www.quora.com › What-is-the-difference-between-The... While generally one can use the phrases “The Court held” and “The Court noted” to be indicative of whether the paragraph of the judgement in question is ratio ...
-------------------------------------------------- Note added at 3 hrs (2021-02-08 17:24:07 GMT) --------------------------------------------------
IF IF it's really necessary to translate this (and I wouldn't) then a neutral rendering could be: "..the Court took/used the opportunity to..."
Yes, that's what AT is saying, and I think I agree. As I say in my last post though, it appears to be a formal "tag" by the counsel, signalling due reverence for the majesty, dignity, etc. of the Cour. Some people might want to do justice to that tag.
"dans un arrêt du 3 octobre 1972, la Cour de cassation a-t-elle eu l'occasion de préciser que ..."
is a simple statement of facts: "la Cour de cassation" took that position when deciding about that specific case.
The fact that la Cour de cassation "is not under any necessity, and doesn't need any opportunity, to reach its findings or to promulgate its decisions" i.e. could have done so at any other time makes no difference to what actually happened.
In English, I agree with Conor that "infinite wisdom" sounds like someone is taking the mick. But "see fit" might just about work (for me it's got that "bit of respect" aspect), although your (AT) point about the English legal system having made conscious efforts to tone down such language means that, for me, plain vanilla "to hold", "to determine", etc. is what I think I shall put (from now on).
I think there is satirical intent in the examples you provide, more than just a "flurry". Example 1: court inexplicably changed its mind. Example 2: "ignored my letters", so the speaker has a beef with the court.
A "flurry" added by the reporter. Can sometimes be seen in English law reports. NAMUDNO and the Dilemma of Observational Equivalence ... www.huffpost.com › entry › namudno-and-the-dilemm... 26 Jul 2009 — The Court found, in its infinite wisdom, that in fact the previous definition of "political subdivision" wasn't applicable after all. This allowed them ...
egalbeagles.info › forums › forum › welcome-forum The County Court in its infinite wisdom has declined to make directions regarding the trial bundles pursuant to CPR 1.4 and ignored my letters ... 25 Feb 2017 · 3 posts · 2 authors
You make a good point about this being by a "third party". But I'm suggesting the étoffement comes from this third party, the counsel, who is doing nothing wrong, and merely abiding by the conventions. The natural assumption, now you raise the point, is that the counsel is using this expression as a formule de politesse, to signal respect for the CdC. As I said, biggin' up the CdC.
ph-b (X)
France
A/T,
19:36 Feb 8, 2021
Just saw the note you added to your answer "at 3 hrs". On the basis of my earlier posts in the discussion, I agree with what you call your neutral rendering: ""..the Court took/used the opportunity to...""
any necessity, and doesn't need any opportunity, to...". Perhaps not. But the point is that a third party, not the Court itself, is speaking here and chose to use these words. That's what needs to be translated, not what the Court thinks or is supposed to think. In other words, any translation would be safe if it faithfully reflects occasion, i.e. Circonstance déterminante. A. [Le plus souvent suivi d'un compl. prép. de] Circonstance qui, sans être la cause véritable d'un fait, le facilite ou le déclenche (http://stella.atilf.fr/Dendien/scripts/tlfiv5/advanced.exe?8... or Circonstance qui vient à propos, qui convient, dans une situation, un état de fait déterminé...Circonstance, moment et situation. (Le Grand Robert de la langue française). EDIT: This has nothing to do with judicial étoffement: the source text is not a legal decision, but a text about the Court.
philgoddard suggests that someone (not necessarily him) might have suggested "have occasion to". I might be wrong, but I think this English idiom in fact expresses either necessity or opportunity, and it seems to me that neither really applies here: hence the bemusement: the Cour de Cassation is not under any necessity, and doesn't need any opportunity, to reach its findings or to promulgate its decisions.
I think AllegroT's got it right: judicial language étoffement for the sake of it. Biggin' up the CdC.
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Answers
6 mins confidence: peer agreement (net): +1
was able to determine that
Explanation: HTH
Patricia Fierro, M. Sc. Ecuador Local time: 12:36 Works in field Native speaker of: Spanish, English
peer agreement (net): +1
