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les conclusions prises en tête

English translation: the submissions set out above

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:les conclusions prises en tête
English translation:the submissions set out above
Entered by: Jenny Duthie

16:07 Dec 18, 2018
French to English translations [PRO]
Law/Patents - Law: Contract(s) / Court report on a petition
French term or phrase: les conclusions prises en tête
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.
Jenny Duthie
France
Local time: 07:41
the submissions set out above
Explanation:
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

--------------------------------------------------
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 ..
Selected response from:

AllegroTrans
United Kingdom
Local time: 06:41
Grading comment
thanks
4 KudoZ points were awarded for this answer



Summary of answers provided
410
Ernesto Giorgi
4the submissions set out above
AllegroTrans
4its assertions set forth in the above-mentioned briefing
Eliza Hall
3... parsing error
Mpoma
4 -3the headline conclusions
Francois Boye


Discussion entries: 1





  

Answers


28 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
10


Explanation:
The decisions originally (at the beginning) established

Ernesto Giorgi
Italy
Local time: 07:41
Native speaker of: Native in ItalianItalian

Peer comments on this answer (and responses from the answerer)
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 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -3
the headline conclusions


Explanation:
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

Francois Boye
United States
Local time: 01:41
Native speaker of: Native in FrenchFrench
PRO pts in category: 36

Peer comments on this answer (and responses from the answerer)
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
  -> very noteworthy conclusions!!!
disagree  AllegroTrans: Have never seen "headline" to describe ANYTHING in legal proceedings (except newspaper reports)
1 day 51 mins
disagree  Yvonne Gallagher: with others
2 days 22 hrs
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9 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
the submissions set out above


Explanation:
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

--------------------------------------------------
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 ..

AllegroTrans
United Kingdom
Local time: 06:41
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 527
Grading comment
thanks

Peer comments on this answer (and responses from the answerer)
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
  -> All that is true but in a pleading they are submissions (at least in UK)
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1 day 14 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
its assertions set forth in the above-mentioned briefing


Explanation:
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).

Eliza Hall
United States
Local time: 01:41
Specializes in field
Native speaker of: English
PRO pts in category: 60

Peer comments on this answer (and responses from the answerer)
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   confidence: Answerer confidence 3/5Answerer confidence 3/5
... parsing error


Explanation:
"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...

Mpoma
United Kingdom
Local time: 06:41
Specializes in field
Native speaker of: English
PRO pts in category: 8
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