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Baccalauréat général session

Glossary entry

French term or phrase:

tribunal de proximité

English translation:

District Court

Added to glossary by Mpoma
Jun 24, 2021 14:10
2 yrs ago
80 viewers *
French term

tribunal de proximité

French to English Law/Patents Law (general)
Record/affidavit of attachment served by bailiff:

" ...
Où étant et parlant à comme il est dit au procès verbal de signification
A LA DEMANDE DE
SYNDICAT DES COPROPRIETAIRES de AAA représenté par son syndic le Cabinet BBB, 44, Avenue Machin CCC, élisant domicile en mon Etude
AGISSANT EN VERTU DE
D'un jugement, réputé contradictoire et en premier ressort, rendu par le TRIBUNAL de PROXIMITE DE CCC le 23 mai 2021,
JE SAISIS ENTRE VOS MAINS LES SOMMES QUE VOUS DEVEZ A
..."

CCC is the same quite well-known inner Parisian suburb as where Cabinet BBB has its offices, suggesting that this is indeed "a local" court.
Proposed translations (English)
4 +1 Tribunal de Proximité [District Court]
4 +2 TRIBUNAL DE PROXIMITE (small claims court)
3 -1 Magistrates Court
3 -2 approx. Closest-Connected District Registry : District Court USA
Change log

Jun 28, 2021 17:21: AllegroTrans Created KOG entry

Jun 28, 2021 17:32: Mpoma changed "Edited KOG entry" from "<a href="/profile/626010">AllegroTrans's</a> old entry - "tribunal de proximité"" to ""Tribunal de Proximité [District Court]""

Jun 29, 2021 08:57: AllegroTrans changed "Edited KOG entry" from "<a href="/profile/39459">Mpoma's</a> old entry - "tribunal de proximité"" to ""District Court""

Jul 5, 2021 18:12: Mpoma changed "Edited KOG entry" from "<a href="/profile/626010">AllegroTrans's</a> old entry - "tribunal de proximité"" to ""Tribunal de Proximité [District Court]""

Discussion

AllegroTrans Jun 29, 2021:
I have been misquoted and misunderstood If Lisa would kindly note that magistrates are volunteer, unpaid lay people who hear cases in magistrates' courts, France categorically DOES NOT have this system.
I said that magistrates' courts do not hear "all kinds of criminal trials" (Lisa's words): they don't, they hear less serious offences. Serious offences are heard in the Crown Court.
I further said that magistrates' do not hear consumer debt claims; they do not.
I won't gloat over the fact that nobody agreed with Lisa's answer.
And just for extra clarity: the term "magistrat" is used in France but denotes a specific level of salaried, state-employed, legally-trained judges and judicial officers - totally different to magistrates in England & Wales. Un faux ami.
Conor McAuley Jun 29, 2021:
Hahahahaha...
Conor McAuley Jun 29, 2021:
Well...
Lisa Rosengard Jun 29, 2021:
Allegro made 2 sweeping statements which refuted magistrates in France, and secondly Allegro denied that the magistrate court in England could hear consumer debt claims as well as criminal trials.:
Firstly, I have a definition which states that France has magistrates, despite what Allegro wrote. https://www.larousse.fr/dictionnaires/francais/magistrat/188...
The reference defines that magistrates (in France) are civil servants and officers within a judicial authority, who are members of courts and tribunals, or political ministers.
https://www.judiciary.uk/you-and-the-judiciary/going-to-cour...
The reference shows a list of some of the types of financial claims which could reach a magistrate court.
https://www.judiciary.uk/you-and-the-judiciary/going-to-cour...
This reference shows the types of criminal cases which could be received in the magistrate court.
Conor McAuley Jun 26, 2021:
Interesting point, thanks Chris.
AllegroTrans Jun 26, 2021:
District Registry... is effectively a "local office" of the High Court of England & Wales which allows proceedings to be issued and cases to be heard at various hearing centres outside London. However, these are nevertheless High Court hearings subject to High Court rules (The Supreme Court Rules). The lower threshold for a claim in the High Court is £100,000 (with a few limited exceptions) so "small claims" are out of the question.



Conor McAuley Jun 25, 2021:
Is your translation for the US?
Mpoma (asker) Jun 25, 2021:
Wikipédia "En France, le tribunal de proximité est une chambre d’un tribunal judiciaire située en dehors de son siège. Il succède en 2020 au tribunal d'instance pour les communes ne disposant pas auparavant de tribunal de grande instance."
On the basis of that, Adrian's "district registry" seems to work pretty well...

Proposed translations

+1
1 day 2 hrs
Selected

Tribunal de Proximité [District Court]

My solution: keep the French and give a functional/descrptive translation in brackets

Reasoning: there is no exactly eqivalent court in, say, England/these courts serve fairly small districts in France/a translation describing their areas of jurisdiction would be long-winded and unnecessary

"County Court" may be marginally equivalent but I would not use it.

Also note that the tribunaux de proximité have been merged into the new Tribunaux Judiciares [Combined Courts] since 2020 and form a division within them.

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Note added at 1 day 2 hrs (2021-06-25 16:50:01 GMT)
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See https://www.dalloz-actualite.fr/flash/competences-du-tribuna...


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Note added at 1 day 2 hrs (2021-06-25 16:53:34 GMT)
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Note; Whilst I have repeated "District Court" per Adrian, this was not because I reckon there is any equivalence with the USA. My "District Court" is a standalone, non-country specific term which epproximates to a direct translation of the French term, which should be kept in order to avoid any suggestion that there is equivalence (there never is anyway)

--------------------------------------------------
Note added at 3 days 1 hr (2021-06-27 15:35:26 GMT)
--------------------------------------------------


THE NAMES OF ENGLISH JUDICIAL OFFICES, COURTS ...
https://pressto.amu.edu.pl › index.php › article › view
by J GOŚCIŃSKI · 2016 · Cited by 2 — Abstract. The aim of this article is to propose a number of translation techniques which can be applied in the process of translating the names of ...

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Note added at 3 days 1 hr (2021-06-27 15:43:02 GMT)
--------------------------------------------------

The name of a Court (in any language), as with any institution (e.g. the BBC) is really akin to a proper noun.
Exceptions can be made for such cases as "Le Pésident de la République" (and I am NOT suggesting "Her Majesty the Queen").
In the case of bilingual jurisdictions such as Québec, there are of course two official translations.
Given furthermore that France and the UK have such different legal systems, I have never thought it wise to "mushroom" the names of French courts into English (or Scottish) courts - it just don't work.
Peer comment(s):
agree Alexandre Huillet-Raffi
993 days
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Convinced. I see no need to include the French term: like the "Combined Courts", it is entirely appropriate that these new (2020) FR innovations should be "baptised" in somewhere like Proz"
-2
6 hrs

approx. Closest-Connected District Registry : District Court USA

Small claims courts in E+W are usually attached to a County Court and - I stand corrected - but do not exist in their own right. A County Court Registrar not called AFAIK a District Judge.

The closest-connection test, in private international law aka conflict of laws and as others might have been anxiously worrying about, applies not only to choice of law and jurisdiction, but also to the choice of court.

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Note added at 6 hrs (2021-06-24 21:09:07 GMT)
--------------------------------------------------

not called: now called ...
Example sentence:

A district registry is part of the High Court situated in various districts of England and Wales, dealing with High Court family and civil business. District registries are often co-located at County Court hearing centres.

The United States district courts are the general trial courts of the United States federal judiciary. Both civil and criminal cases are filed in district courts, each of which is a court of law, equity, and admiralty.

Reference:

http://uk.practicallaw.thomsonreuters.com/w-024-1551?transitionType=Default&contextData=(sc.Default)&firstPage=true

Peer comment(s):
neutral philgoddard : Yet again, this is not England, Wales, or the US. It's France, and it would be confusing to use 'registry' instead of 'court'.
16 hrs
Maybe, non-Anglocentrically, take a look at Small Claims Registrars in the District Courts of the Rep. of Ireland. https://www.goldenpages.ie/court-offices-small-claims-regist... cf. Bankruptcy Registrars in the London High Court.
disagree Eliza Hall : It's a court, not a registry, and District Court in the US is a type of federal court--not at all the same thing as a trib. de prox.
19 hrs
Maybe, non-Am. US-centrically, take a look at Small Claims Registrars in the District Courts of the Rep. of Ireland. https://www.goldenpages.ie/court-offices-small-claims-regist... cf. Bankruptcy Registrars in the London High Court.
disagree AllegroTrans : Uhhh - District Registry (High Court) isn't remotely the level of court here. Clear that Phil & Eliza don't understand how the E&W High Court is "regionalised" but it's irrelevant to the Fr term anyway/ Eire? Where is that?
19 hrs
I agree, but had been working 'backwards' from the T de P being a satellite of a TGI approximating to a High Ct. Also, a small claim in FR at Euro/€ 4k vs. GBP 10k in E+W at the mo is all relative. Cut to Small-Claims District Court Registrars in Eire!
Something went wrong...
+2
16 mins

TRIBUNAL DE PROXIMITE (small claims court)

"There is at least one of these in each department. Some towns have a tribunal de proximité, a branch of the tribunal judiciaire in towns outside the one where the main court is located. These can deal with smaller disputes concerning values of no more than €10,000 and have replaced what used to be called the tribunal d’instance."

https://www.connexionfrance.com/Practical/Your-Questions/Is-...


I would keep the French and gloss in English in round brackets.

I had this one a while back in a similar matter to the one here.

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Note added at 18 mins (2021-06-24 14:29:03 GMT)
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See also:

https://www.proz.com/kudoz/french-to-english/law-general/897... (question asked in a slightly diffferent form)

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Note added at 4 hrs (2021-06-24 18:18:07 GMT)
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("Tribunal de Proximité" in italics.)

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Note added at 19 hrs (2021-06-25 09:35:20 GMT)
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My answer works in the US too, so it seems. Eliza's "Neutral" is actually somewhat of an endorsement too, reading the detail, and she's US-based I believe.


Small claims court is a special court where disputes are resolved quickly and inexpensively. In small claims court, the rules are simplified and the hearing is informal. Attorneys are generally not allowed. ... You don't need to be a United States citizen to file or defend a case in small claims court.

The Small Claims Court, A Guide to Its Practical Use ...https://www.dca.ca.gov › small_claims › basic_info

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Note added at 1 day 3 hrs (2021-06-25 17:28:38 GMT)
--------------------------------------------------

The salient fact about the court, for the poor man or woman who owes a few hundred euros in apartment service charges ("charges de copropriété"), on whom this document will be served, is that the court is a small claims court.

That might be of some consolation to the person, if s/he is planning to appear in person -- a small claims court will be less intimidating.

So, to an extent, you're translating for your audience, even if your audience is allegedly in the wrong.
Peer comment(s):
agree philgoddard
3 hrs
Thanks Phil!
agree Samuël Buysschaert
4 hrs
Thanks Samuël!
neutral Eliza Hall : Too specific. The scope of a T de P is broader than just debts below X amount. Maybe keep the FR and add "(similar to small claims court)"? IOW, an explanatory translation.
5 hrs
Using the word "similar" is a good idea.
neutral AllegroTrans : Small claims are only a part of its jurisdiction; https://www.dalloz-actualite.fr/flash/competences-du-tribuna...
1 day 2 hrs
The Connexion France journalist (see link above, who knows her stuff) likes "County Court", which you don't. My guess: 95% of cases will be small claims. The case here is patently for apartment service charges, as was the document I translated.
Something went wrong...
-1
2 days 8 hrs

Magistrates Court

It's a district authority court which deals with all types of criminal trials from less serious cases such as motoring offenses and minor assaults, thefts and also more seriously grave cases.

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Note added at 5 days (2021-06-29 21:00:40 GMT) Post-grading
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"Un magistrat est tout fonctionnaire ou il est officier civil investi d'une autorité juridictionnelle (membre des tribunaux ou des cours), administrative (maire, préfet etc) ou politique (ministre, président de la République."
https://www.larousse.fr/dictionnaires/francais/magistrat/188...


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Note added at 5 days (2021-06-29 21:16:08 GMT) Post-grading
--------------------------------------------------

https://www.judiciary.uk/you-and-the-judiciary/going-to-cour...
The above reference shows a list of financial claims and compensation claims which could be received by the magistrate court.
https://www.judiciary.uk/you-and-the-judiciary/going-to-cour...
The reference shows a list of the types of criminal cases which could be received in a magistrate court.

--------------------------------------------------
Note added at 5 days (2021-06-29 21:18:07 GMT) Post-grading
--------------------------------------------------

'A magistrate is a civil servant or an officer within a judicial authority. A magistrate is a member of a court or tribunal, and can have administrative duties or those of a political minister.'
Example sentence:

FR: C'est une Cour d'une autorité régionale qui s'occupe des tous types des procès en matière pénale, des cas moins sérieux tels comme des infractions routières, des vols, et aussi des cas plus gravement sérieux.

Reference:

https://www.deepl.com/es/translator#fr/en/tribunal de proximit%C3%A9

https://www.judiciary.uk/you-and-the-judiciary/going-to-court/magistrates-court/

Peer comment(s):
disagree AllegroTrans : Whilst on one score only (i.e. "first level" court) this is equivalent, France doesn't have magistrates and the Magistrates Courts in E&W don't have jurisdiction to hear consumer debt claims nor do they deal with "all types of criminal trials" (sic)
16 hrs
Something went wrong...
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