Jun 25, 2012 16:16
11 yrs ago
14 viewers *
French term
postérité
French to English
Law/Patents
Law (general)
Examination of a previous decree of the Court of Cassation, and of how relevant all its specific features may or may not be to the case in hand.
"(...) la Cour de Cassation elle-même n'a pas entendu en faire un arrêt de principe : si l'arrêt a été publié, la publication n'a pas porté sur le motif en question, que la Cour de Cassation a, au contraire, estimé "sans intérêt" ; on notera, de surcroît, que la solution est restée sans postérité."
To me this sounds like "subsequent case law". I.e. there is none. But do we use a specific expression for this in legal English?
"(...) la Cour de Cassation elle-même n'a pas entendu en faire un arrêt de principe : si l'arrêt a été publié, la publication n'a pas porté sur le motif en question, que la Cour de Cassation a, au contraire, estimé "sans intérêt" ; on notera, de surcroît, que la solution est restée sans postérité."
To me this sounds like "subsequent case law". I.e. there is none. But do we use a specific expression for this in legal English?
Proposed translations
+3
2 hrs
Andres Larsen
Venezuela
Venezuela
Native in English
Venezuela
freelance translator
Native in: English 
Works in: Spanish to English, English to Spanish, German to English, and 3 more.
Related KudoZ points
:
71
Selected
the decree has not established a judicial precedent / has had no bearing in subsequent cases
the decree has not established a judicial precedent / has had no bearing in subsequent cases
sources:
What does using judicial precedent mean
wiki.answers.com › ... › Law & Legal Issues
Judges, by the way, do NOT necessarily have to follow precedent in making rulings. ... Decreed by or proceeding from a court of justice: a judicial decision. 3. ... ***A precedent is a legal case establishing a principle or rule that a court or other judicial body adopts when deciding subsequent cases with similar issues or facts*** .
Judicial+holding - Legal Dictionary - The Free Dictionary
legal-dictionary.thefreedictionary.com/Judicial+h...
Definition of ***Judicial holding in the Legal Dictionary - by Free online English dictionary ... It is relied upon when courts use the case as an established precedent in a subsequent case***. ... However, the way that Congress has overridden judicial holdings that did not comport with congressional intent has not ... judicial decree ...
Constitutional+Law - Legal Dictionary - The Free Dictionary
legal-dictionary.thefreedictionary.com/Constituti...
***The body of judicial precedent that has gradually developed through a process ... By establishing a structure for the federal government and preserving certain .... The president nonetheless "legislates" by issuing executive orders, decrees, and ... Granting "cert" has no bearing on the Court's subsequent resolution of a case***.
holding - Legal Dictionary - The Free Dictionary
legal-dictionary.thefreedictionary.com/holding
Definition of ***holding in the Legal Dictionary - by Free online English ... upon when courts use the case as an established precedent in a subsequent case***. ... may be illustrative, but which is not part of the court's judgment in the case. holding 1) n. any ruling or decision of a court. 2) n. any real property to which one has title.
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Note added at 19 hrs (2012-06-26 11:38:39 GMT)
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@Nikki Scott-Despaigne
You are absolutely correct on "has not set a binding legal precedent for subsequent cases":
Definition for precedent - Oxford Dictionaries Online (World English)
oxforddictionaries.com/definition/precedent
Law ***a previous case or legal decision that may be or ( binding precedent) must be followed in subsequent similar cases: we hope to set a legal precedent*** to ...
The doctrine of judicial precedent with special reference to the cases ...
www.medicalandlegal.co.uk/.../The-doctrine-of-j... -
PDF/Adobe Acrobat
***Landmark cases set a precedent for subsequent determinations and are ... Judicial review according to precedent, along with statute, forms a binding legal authority***. ...
Judicial Precedent In The United Kingdom - Term Papers ...
www.oppapers.com › ... › Law Research Papers
4 Mar 2012 – and not as a set of binding rules. As a practice it could be ... ***Judicial precedent is a judgment or decision of a court which is used as an authority for reaching the same decision in subsequent cases***. In English law, judgment ...
sources:
What does using judicial precedent mean
wiki.answers.com › ... › Law & Legal Issues
Judges, by the way, do NOT necessarily have to follow precedent in making rulings. ... Decreed by or proceeding from a court of justice: a judicial decision. 3. ... ***A precedent is a legal case establishing a principle or rule that a court or other judicial body adopts when deciding subsequent cases with similar issues or facts*** .
Judicial+holding - Legal Dictionary - The Free Dictionary
legal-dictionary.thefreedictionary.com/Judicial+h...
Definition of ***Judicial holding in the Legal Dictionary - by Free online English dictionary ... It is relied upon when courts use the case as an established precedent in a subsequent case***. ... However, the way that Congress has overridden judicial holdings that did not comport with congressional intent has not ... judicial decree ...
Constitutional+Law - Legal Dictionary - The Free Dictionary
legal-dictionary.thefreedictionary.com/Constituti...
***The body of judicial precedent that has gradually developed through a process ... By establishing a structure for the federal government and preserving certain .... The president nonetheless "legislates" by issuing executive orders, decrees, and ... Granting "cert" has no bearing on the Court's subsequent resolution of a case***.
holding - Legal Dictionary - The Free Dictionary
legal-dictionary.thefreedictionary.com/holding
Definition of ***holding in the Legal Dictionary - by Free online English ... upon when courts use the case as an established precedent in a subsequent case***. ... may be illustrative, but which is not part of the court's judgment in the case. holding 1) n. any ruling or decision of a court. 2) n. any real property to which one has title.
--------------------------------------------------
Note added at 19 hrs (2012-06-26 11:38:39 GMT)
--------------------------------------------------
@Nikki Scott-Despaigne
You are absolutely correct on "has not set a binding legal precedent for subsequent cases":
Definition for precedent - Oxford Dictionaries Online (World English)
oxforddictionaries.com/definition/precedent
Law ***a previous case or legal decision that may be or ( binding precedent) must be followed in subsequent similar cases: we hope to set a legal precedent*** to ...
The doctrine of judicial precedent with special reference to the cases ...
www.medicalandlegal.co.uk/.../The-doctrine-of-j... -
PDF/Adobe Acrobat
***Landmark cases set a precedent for subsequent determinations and are ... Judicial review according to precedent, along with statute, forms a binding legal authority***. ...
Judicial Precedent In The United Kingdom - Term Papers ...
www.oppapers.com › ... › Law Research Papers
4 Mar 2012 – and not as a set of binding rules. As a practice it could be ... ***Judicial precedent is a judgment or decision of a court which is used as an authority for reaching the same decision in subsequent cases***. In English law, judgment ...
Note from asker:
| "has had no bearing" is nice. Brownie points, as m'learned friends might say |
Peer comment(s):
| agree |
Wendy Streitparth
1 hr
|
| agree |
Nikki Scott-Despaigne
: Thank you. This is the standard expression but "set a legal precedent" (for the uK) rather than "established a judicial precedent"
2 hrs
|
| agree |
AllegroTrans
4 hrs
|
4 KudoZ points awarded for this answer.
Comment: "Selected automatically based on peer agreement."
1 hr
Nikki Scott-Despaigne
Native in English
Works in field
Psychologist, Court-certified legal
Native in: English 
Works in: French to English
Related KudoZ points
:
451
posterity ; has not been followed in subsequent cases
You might just prefer a more simple "has not been followed in subsequent cases". Or "subsequent case law shows that the decision has not been follwed".
15 hrs
Salih YILDIRIM
United States
United States
Works in field
United States
Meticulous, scrupulous, curious work!
Native in: Turkish (Variant: Standard-İstanbul )
Works in: Turkish to English, English to Turkish, French to Turkish, and 1 more.
Successors
Imho
Discussion
You are absolutely correct as to "has not set a binding legal precedent for subsequent cases":
Definition for precedent - Oxford Dictionaries Online (World English)
oxforddictionaries.com/definition/precedent
Law ***a previous case or legal decision that may be or ( binding precedent) must be followed in subsequent similar cases: we hope to set a legal precedent*** to ...
The doctrine of judicial precedent with special reference to the cases ...
www.medicalandlegal.co.uk/.../The-doctrine-of-j... -
PDF/Adobe Acrobat
***Landmark cases set a precedent for subsequent determinations and are ... Judicial review according to precedent, along with statute, forms a binding legal authority***. ...
Judicial Precedent In The United Kingdom - Term Papers ...
www.oppapers.com › ... › Law Research Papers
4 Mar 2012 – and not as a set of binding rules. As a practice it could be ... ***Judicial precedent is a judgment or decision of a court which is used as an authority for reaching the same decision in subsequent cases***. In English law, judgment ...