Glossary entry (derived from question below)
French term or phrase:
les conclusions prises en tête
English translation:
the submissions set out above
Added to glossary by
Jenny Duthie
Dec 18, 2018 16:07
5 yrs ago
8 viewers *
French term
les conclusions prises en tête
French to English
Law/Patents
Law: Contract(s)
Court report on a petition
I'm not sure if "prises en tête" here is a verb or adjective, the word order is not very clear, here's the whole paragraph, thanks in advance!! Perhaps the phrase should be "leading findings"? But that doesn't sound very natural to me.... (company name hidden for confidentiality reasons):
CONCLUSIONS SUR DEMANDE RECONVENTIONNELLE
XXXXXX SA conclut à ce qu’il
PLAISE AU TRIBUNAL DE PREMIERE INSTANCE
Sur demande reconventionnelle
1. Débouter XXXXXX SA des fins de sa demande reconventionnelle et de toutes ses conclusions ;
2. La condamner en tous les frais et dépens.
Pour le surplus, XXXXXX SA persiste intégralement dans les conclusions prises en tête de sa demande en paiement du 22 décembre 2017.
CONCLUSIONS SUR DEMANDE RECONVENTIONNELLE
XXXXXX SA conclut à ce qu’il
PLAISE AU TRIBUNAL DE PREMIERE INSTANCE
Sur demande reconventionnelle
1. Débouter XXXXXX SA des fins de sa demande reconventionnelle et de toutes ses conclusions ;
2. La condamner en tous les frais et dépens.
Pour le surplus, XXXXXX SA persiste intégralement dans les conclusions prises en tête de sa demande en paiement du 22 décembre 2017.
Proposed translations
(English)
Proposed translations
9 hrs
AllegroTrans
United Kingdom
United Kingdom
Native in English
Specializes in field
United Kingdom
Sensible solutions
Native in: English (Variant: Wessexois) 
Works in: French to English, English, English to French
Related KudoZ points
:
527
Selected
the submissions set out above
Conclusions is a false friend for the unwary in this context. The Court makes the conclusions. This is from a pleading. A party makes submissions.
Basis: 25 years of translating Court pleadings and orders
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Note added at 9 hrs (2018-12-19 02:05:36 GMT)
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Written Submissions Definition: A document intended for the court which summarizes the relevant facts, the law and a proposed analysis to bring to the two, on behalf of a litigant.
Written Submissions Definition - Duhaime.org
www.duhaime.org/LegalDictionary/W/WrittenSubmissions.aspx
Closing submissions and post-hearing steps | www.ein.org.uk
https://www.ein.org.uk/bpg/chapter/39
31 Mar 2018 - Further submissions and evidence following the hearing ... The judge may not record the submissions in his determination fully (or sometimes ...
[PDF]A BASIC GUIDE TO GOOD WRITTEN AND ORAL ADVOCACY1 ...
www.lec.justice.nsw.gov.au/.../PepperJ A basic guide to wri...
18 Mar 2015 - opposing party, rarely will a judge complain about the provision of written submissions in advance of the hearing. 2. Written submissions are ..
Basis: 25 years of translating Court pleadings and orders
--------------------------------------------------
Note added at 9 hrs (2018-12-19 02:05:36 GMT)
--------------------------------------------------
Written Submissions Definition: A document intended for the court which summarizes the relevant facts, the law and a proposed analysis to bring to the two, on behalf of a litigant.
Written Submissions Definition - Duhaime.org
www.duhaime.org/LegalDictionary/W/WrittenSubmissions.aspx
Closing submissions and post-hearing steps | www.ein.org.uk
https://www.ein.org.uk/bpg/chapter/39
31 Mar 2018 - Further submissions and evidence following the hearing ... The judge may not record the submissions in his determination fully (or sometimes ...
[PDF]A BASIC GUIDE TO GOOD WRITTEN AND ORAL ADVOCACY1 ...
www.lec.justice.nsw.gov.au/.../PepperJ A basic guide to wri...
18 Mar 2015 - opposing party, rarely will a judge complain about the provision of written submissions in advance of the hearing. 2. Written submissions are ..
Peer comment(s):
| neutral |
Eliza Hall
: Agree on the "set out above," but parties can make conclusions, arguments, assertions, etc. -- not just submissions. The party's conclusions may be incorrect; that's for the court to decide. But they're still conclusions.
15 hrs
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|
All that is true but in a pleading they are submissions (at least in UK)
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4 KudoZ points awarded for this answer.
Comment: "thanks "
28 mins
Ernesto Giorgi
Italy
Italy
Italy
55 years of practice.
Native in: Italian 
Works in: Italian, English, French, and 9 more.
10
The decisions originally (at the beginning) established
Peer comment(s):
| neutral |
B D Finch
: 10? Since when are "conclusions" "decisions"? Where do you get "originally" and "established" from? Personally, I think 42 might be better than 10, at least for Hitchhiker fans.
5 hrs
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-3
3 hrs
Francois Boye
United States
United States
Native in French
United States
An economic geek with social skills
Native in: French
Works in: English to French, French to English, Spanish to English, and 1 more.
Related KudoZ points
:
36
the headline conclusions
headline adjective
Definition of headline (Entry 3 of 3)
: deserving mention in a headline : very noteworthy
the headline abduction of a diplomat
Source: Merriam-WEbster
Definition of headline (Entry 3 of 3)
: deserving mention in a headline : very noteworthy
the headline abduction of a diplomat
Source: Merriam-WEbster
Peer comment(s):
| disagree |
Eliza Hall
: Headline isn't a term used to describe legal docs or their contents, and "headline conclusions" doesn't make sense in English.
21 hrs
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very noteworthy conclusions!!!
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| disagree |
AllegroTrans
: Have never seen "headline" to describe ANYTHING in legal proceedings (except newspaper reports)
1 day 51 mins
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| disagree |
Yvonne Gallagher
: with others
2 days 22 hrs
|
1 day 14 hrs
Eliza Hall
United States
United States
Native in English
Specializes in field
United States
Lawyer-Translator-Certified Interpreter
Native in: English (Variants: British, UK, US, Scottish, Canadian, Irish)
Works in: French to English, English to French
Related KudoZ points
:
60
its assertions set forth in the above-mentioned briefing
Changing my answer (which required deleting the old one) because I belatedly looked up "conclusions" in a French legal dictionary:
"C'est le document par lequel une partie explique sa position à la juridiction saisie d'un litige. En principe les conclusions contiennent un rappel des faits, un argumentation qui exprime la thèse que soutien leur auteur, et ce qu'on appelle un dispositif, c'est à dire ce qu'il est demandé à la juridiction de juger."
https://www.pernaud.fr/info/glossaire/9206661/conclusions
The term for this in US legalese is brief (or briefs or briefing -- "conclusions" is plural in French even when it only refers to one document, so which way to go in English depends on context -- "briefing" could be one or more briefs, so if unsure of the number, use that).
HOWEVER, you can't just swap out "conclusions" for "briefing" here because in English you can't "persist in your briefs." I mean, you can, but it means something very different (joke referring to the fact that "briefs" also means men's underwear). You also can't (better translation of the verb) "continue to maintain your briefs," haha.
The thing a litigant can "continue to maintain" is the ASSERTIONS and/or ARGUMENTS set forth in its brief(s). Assertions is the more general term (it includes both factual and legal assertions).
"C'est le document par lequel une partie explique sa position à la juridiction saisie d'un litige. En principe les conclusions contiennent un rappel des faits, un argumentation qui exprime la thèse que soutien leur auteur, et ce qu'on appelle un dispositif, c'est à dire ce qu'il est demandé à la juridiction de juger."
https://www.pernaud.fr/info/glossaire/9206661/conclusions
The term for this in US legalese is brief (or briefs or briefing -- "conclusions" is plural in French even when it only refers to one document, so which way to go in English depends on context -- "briefing" could be one or more briefs, so if unsure of the number, use that).
HOWEVER, you can't just swap out "conclusions" for "briefing" here because in English you can't "persist in your briefs." I mean, you can, but it means something very different (joke referring to the fact that "briefs" also means men's underwear). You also can't (better translation of the verb) "continue to maintain your briefs," haha.
The thing a litigant can "continue to maintain" is the ASSERTIONS and/or ARGUMENTS set forth in its brief(s). Assertions is the more general term (it includes both factual and legal assertions).
Peer comment(s):
| neutral |
AllegroTrans
: if it's a pleading then it isn’t a briefing and 'abovementioned' is not hyphenated (UK legal usage in both cases, cannot speak for US)
1 day 11 hrs
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3 days 18 hrs
... parsing error
"prendre conclusions" = file pleadings; make an application [Bridge]
"en tête de" = at the start of (document)
"demande en paiement" = claim for payment
AllegroTrans's answer is close, I think, but 1) pleadings/submissions are documents, so I don't see how they can appear at the start of another document; 2) it is clearly at the start of this "demande en paiement" document that these "conclusions" appear, not the one we are reading.
I suggest that they are using "conclusions" in the sense of "grounds":
"XXXXXX SA maintains all its grounds set out at the start of its claim for payment"
But there is also something rather odd about this entire extract, if "XXXXXX SA" is meant to be the same company in all 3 cases: is this the case?
Why then would XXXXXX SA be asking the court to dismiss its own counterclaim action and pleadings? So I speculate that the second XXXXXX SA is a different company...
"en tête de" = at the start of (document)
"demande en paiement" = claim for payment
AllegroTrans's answer is close, I think, but 1) pleadings/submissions are documents, so I don't see how they can appear at the start of another document; 2) it is clearly at the start of this "demande en paiement" document that these "conclusions" appear, not the one we are reading.
I suggest that they are using "conclusions" in the sense of "grounds":
"XXXXXX SA maintains all its grounds set out at the start of its claim for payment"
But there is also something rather odd about this entire extract, if "XXXXXX SA" is meant to be the same company in all 3 cases: is this the case?
Why then would XXXXXX SA be asking the court to dismiss its own counterclaim action and pleadings? So I speculate that the second XXXXXX SA is a different company...
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