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confrontation/confronter

English translation: confrontation

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:confrontation
English translation:confrontation
Entered by: Guereau

08:48 Nov 20, 2012
French to English translations [PRO]
Law/Patents - Law (general)
French term or phrase: confrontation/confronter
This noun and verb crop up a few times in a Swiss legal case involving a notary advising three foreigners on the purchase of property in Switzerland and the main foreigner involved with the notary does not appear at the appeal, but merely submits handwritten notes that he took of his meetings with the notary. This therefore deprives the appellant (the notary) of the "droit à la confrontation" which, "déduit de l'article 6 chiffre 3 lit. d CEDH, s'applique à toute personne qui fait une déclaration e charge, indépendamment de son rôle dans le procès".

It seems to be basically the right to "confront" your adversary and ask him questions in court about the evidence submitted by him, but I suspect that there is a specific legal term for this in English rather than just "confront" and "confrontation".

Other instances of the word being used in the source text:

"Il était dès lors fondamental que le recourant puisse être confronté à l'auteur des notes, poser des questions au principal représentant des étrangers, avec lequel il avait traité."

"L'appréciation anticipée des preuves, l’argument principal de la Cour cantonale, ne saurait, au vu de ce qui précède, empêcher l'application du principe d'égalité des armes et priver le recourant du droit à la confrontation".

Any suggestions/answers greatly appreciated.
Paul Stevens
Local time: 02:56
right to confrontation/right to confront
Explanation:
Both terms can be found in the (highly relevant and English) reference I give.

"Abstract: The right to confront adverse witnesses has brought the English courts into conflict
with the European Court of Human Rights. Drawing on confrontation doctrine in Europe and
the United States, this paper argues that there is no convincing rationale for the sort of strong confrontation right found under the ECHR and the US constitution. A more pragmatic approach to confrontation, based on the best evidence principle, is advocated."
Selected response from:

Guereau
France
Local time: 03:56
Grading comment
Many thanks.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +2right to confrontation/right to confront
Guereau
4right to contest/to oppose
Josephine Cassar


  

Answers


7 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
right to confrontation/right to confront


Explanation:
Both terms can be found in the (highly relevant and English) reference I give.

"Abstract: The right to confront adverse witnesses has brought the English courts into conflict
with the European Court of Human Rights. Drawing on confrontation doctrine in Europe and
the United States, this paper argues that there is no convincing rationale for the sort of strong confrontation right found under the ECHR and the US constitution. A more pragmatic approach to confrontation, based on the best evidence principle, is advocated."


    Reference: http://www.lse.ac.uk/collections/law/wps/WPS2010-10_Redmayne...
Guereau
France
Local time: 03:56
Works in field
Native speaker of: French
PRO pts in category: 36
Grading comment
Many thanks.

Peer comments on this answer (and responses from the answerer)
agree  Nikki Scott-Despaigne: Agree. Also for Swiss contexts : http://www.polyreg.ch/d/informationen/bgeunpubliziert/Jahr_2... and Google with "Swiss + right to confrontation" which provides a nice cross-check.
1 hr
  -> Et merci pour cette intéressante ressource multilingue
agree  Mary Lalevee: Yes, this is something that happens under French/Swiss law.
8 hrs
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
right to contest/to oppose


Explanation:
to put forward one's case as against that of adversary

Josephine Cassar
Malta
Local time: 03:56
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in MalteseMaltese
PRO pts in category: 4
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