Glossary entry

French term or phrase:

saisine des juridictions

English translation:

submission to court /initiation of legal proceedings

Added to glossary by Marcombes (X)
Nov 16, 2019 09:48
4 yrs ago
10 viewers *
French term

saisine des juridictions

French to English Law/Patents Law (general)
Hello! What is the best way to say this in English?
It is part of a list of services of procedures that are increasingly digitalised, so I do not have more context.
Thanks in advance!
Change log

Nov 23, 2019 15:50: Marcombes (X) Created KOG entry

Discussion

Cecilia Gowar (asker) Nov 16, 2019:
¨Or¨not ¨of¨.... apologies!!

Proposed translations

+1
22 hrs
Selected

submission to court /initiation of legal proceedings

This translation comes to my mind.
Peer comment(s):

agree Eliza Hall : This works too.
1 day 14 hrs
Thanks
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4 KudoZ points awarded for this answer. Comment: "Thanks everybody!"
-2
1 hr

litigation; (UK) e-filing with the courts

Literally: 'seising' (Norman French) of the courts with the matter.

Saisine de la juridiction: commencement of proceedings (FHS Bridge).
Example sentence:

CE File is our new electronic filing and case management system.

Peer comment(s):

disagree Eliza Hall : "Saisine" means STARTING court proceedings (including but not limited to litigation), not just litigation or court proceedings in general. E-filing also doesn't work here because it can be done at any stage, not just the start.
4 hrs
Litigation is for fans of terseness and e-filing for education.
disagree AllegroTrans : Agree with above + no mention of e-filing here
1 day 11 hrs
procedures that are increasingly *digitalised* and e-filing in the UK is for the benefit of readers who may be unfamiliar with the latest developments.
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-1
5 hrs

filing complaints, writs, etc.

Saisir une juridiction = filing whatever document is necessary to begin a case, i.e., to have the court rule on your dispute. What type of document you file depends on the type of case and the relief you're seeking (for instance, in the US, you might file a complaint to start litigation; or a complaint plus an emergency motion for injunctive relief to get the court to order the other party to do or not do something; or a writ; or...).

"La saisine désigne l'action qu'accomplit un requérant lorsqu'il demande à une juridiction de trancher un litige au cours duquel il estime que ses droits ont été violés." https://droit-finances.commentcamarche.com/faq/4321-saisine-...

Unlike the FR "saisine des juridictions," there is no universal EN term for filing all these things. Hence the need to translate with more than one term (filing complaints, writs, etc.) to give the general idea of "getting the court involved in your dispute."
Peer comment(s):

disagree Adrian MM. : you ought to attribute credit for the filing idea and not pass it off as your own, plus it is referral of a matter to the court, as I clearly pointed out.
1 hr
neutral AllegroTrans : This is not wrong, but I see no need at all to mention the documents
1 day 7 hrs
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+1
11 hrs

referral to the courts

"Simples".

I can't believe that both m'learned (and distinguished) friends here, Adrian and Eliza, have not already put this but instead engaged a litigant-in-person "disagree" war. While this may afford more pleasure in the short run, equity and fair dealing dictate, etc.
Peer comment(s):

agree Shabelula : https://context.reverso.net/traduzione/francese-inglese/la s...
1 hr
thanks
agree Yolanda Broad
4 hrs
thanks
neutral Adrian MM. : OK, I do write: 'referral of a matter to the court' but begs the question of what matter - dangerously close to referral of a prelim. issue to the ECJ in Lux, plus 'digitalised' led me down the latest UK e-filing path.
1 day 2 hrs
neutral AllegroTrans : I do not equate a referral (cf. one court referring a matter to another court) to starting proceedings // mmm....not really, you need to start/commence/issue proceedings not refer them, a lawyer would not use "refer"
1 day 12 hrs
Interesting. But can't anyone with the authority to do so, "refer"? Does it have to be a court?
disagree Eliza Hall : I'm with AllegroTrans. This isn't about court A referring a matter to court B, or indeed anyone referring. Saisir une juridiction = to bring a case (file a lawsuit or petition, etc.). It's what the plaintiff does, not what some court does.
2 days 1 hr
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+1
1 day 13 hrs

commencing court proceedings

Plain and simple, forget referring, seizing and litigation
Peer comment(s):

neutral Mpoma : For Bridge "saisine de LA juridiction" is "commencement of proceedings". But I think the fact that it is plural here makes it more general. Also it has to be "a service". Also I don't think it is only a court which can "refer".
14 hrs
commencing legal proceedings is a service provided by law firms and "juridictions" imo is an allusion to "any" courts
agree Eliza Hall : This works too. Sorry Mpoma, the plural makes no difference (it just means anyone commencing proceedings anywhere, as opposed to Party A commencing them in Party A's jurisdiction).
23 hrs
Thank you Eliza
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