This site uses cookies. Some of these cookies are essential to the operation of the site, while others help to improve your experience by providing insights into how the site is being used. For more information, please see the ProZ.com privacy policy.
Cookie settings
picking up the thread of a familiar conversation
If the insulation material is wet

Glossary entry

English term or phrase:

There shall be liberty ....

English answer:

The parties shall be free ..

    The asker opted for community grading. The question was closed on 2015-05-15 07:54:10 based on peer agreement (or, if there were too few peer comments, asker preference.)
May 11, 2015 20:37
9 yrs ago
5 viewers *
English term

There shall be liberty ....

English Law/Patents Law (general)
There shall be liberty to the parties to apply as to the implementation of this order on short notice.


The above sentence was taken from abduction return order template downloadable at http://tinyurl.com/ky2aq4f

Could you please reword this rather long sentence for me?

Thank you very much in advance
Responses
3 +4 The parties shall be free ..
Votes to reclassify question as PRO/non-PRO:

Non-PRO (1): Yvonne Gallagher

When entering new questions, KudoZ askers are given an opportunity* to classify the difficulty of their questions as 'easy' or 'pro'. If you feel a question marked 'easy' should actually be marked 'pro', and if you have earned more than 20 KudoZ points, you can click the "Vote PRO" button to recommend that change.

How to tell the difference between "easy" and "pro" questions:

An easy question is one that any bilingual person would be able to answer correctly. (Or in the case of monolingual questions, an easy question is one that any native speaker of the language would be able to answer correctly.)

A pro question is anything else... in other words, any question that requires knowledge or skills that are specialized (even slightly).

Another way to think of the difficulty levels is this: an easy question is one that deals with everyday conversation. A pro question is anything else.

When deciding between easy and pro, err on the side of pro. Most questions will be pro.

* Note: non-member askers are not given the option of entering 'pro' questions; the only way for their questions to be classified as 'pro' is for a ProZ.com member or members to re-classify it.

Discussion

Piyush Ojha May 12, 2015:
@BDF I agree; 'mechanics' was poorly chosen. I had that thought at the back of my mind even as I wrote but did not pause to put it more clearly.
B D Finch May 12, 2015:
@Piyush I didn't think the term "mechanics" was appropriate. The liberty applies both to the arrangements for the return flight of the child/ren and to the undertakings, e.g. as regards criminal or civil proceedings for punishment of the respondent, contact etc.
Piyush Ojha May 12, 2015:
@B D Finch, Gallagy All this is no more than an educated guess. I feel there are legal nuances in this phrase of which I know nothing. I better leave it to the legal experts.
Piyush Ojha May 12, 2015:
@B D Finch, Gallagy Yes, I had read the document before responding and my immediate reaction was that both parties were being given leave to ask for the order to be enforced at short notice. The difficulty with this interpretation was that in a child abduction case, it seemed to me that the applicant would usually want the return order to be enforced whereas the respondent might wish to resist it in some way. Moreover, phrases such as 'there shall be liberty to apply' tend to have a precise legal meaning which may be somewhat different from their everyday meaning. I was attempting to decipher this with a little bit of googling (and no legal training).

I do think the explanation I have given is roughly along the right lines. For example, in Annex B, item (e), the respondent undertakes to make the child available for contact with the applicant according to certain procedures. What happens if the child is ill but the applicant thinks the respondent is exaggerating? How is that dispute to be resolved? It seems to me that 'there shall be liberty to apply' is leaving the door open for a legal remedy.

(contd.)

Responses

+4
1 hr
Selected

The parties shall be free ..

Both parties (applicant and respondent) shall be free to ask the court/arbitrator to further adjudicate on the mechanics (e.g. timing) of implementation of this order on short notice.

Also, please see http://tinyurl.com/k4uek4z
Peer comment(s):
agree Heather Walker (X)
8 hrs
Thank you, Heather. I am particularly glad of the agreement of a legal translator.
neutral B D Finch : While I agree with your translation of the header term, I cannot agree with your explanation, which is quite wrong. Have you referred to the document via the Asker's link?
10 hrs
Please see my discussion entry.
agree Yvonne Gallagher : agree with header. Your explanation is flawed//No, don't agree with BDF about it being "quite wrong", just think "to further adjudicate on the mechanics" is a tad much for "as to" (I'd use "regarding")
10 hrs
Please see my discussion entry.
agree AllegroTrans : I thoroughly agree with your explanation and would be most interested to know why BDF and YG think it to be wrong.
14 hrs
Thank you, AllegroTrans. It is gratifying to have the agreement of a legal expert.
agree Phong Le
1 day 11 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you"
Close search
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search