Glossary entry (derived from question below)
French term or phrase:
comparaître par ministère d\'avocat à la Cour...devant le Tribunal
English translation:
to summons ABC to be legally represented before the Court of...
French term
comparaître par ministère d'avocat à la Cour...devant le Tribunal
Je soussigné [M. X] ai donné assignation à [A, B et C] à comparaître par ministère d'avocat à la Cour...devant le Tribunal d'arrondissement de et à Luxembourg.
Can anyone help with the wording here?
Jul 31, 2019 16:35: Yolanda Broad changed "Term asked" from "comparaître par ministère d\\\'avocat à la Cour...devant le Tribunal" to "comparaître par ministère d\'avocat à la Cour...devant le Tribunal "
Proposed translations
to summons ABC to be legally represented before the Court of...
"I, the undersigned M. X. hereby summons ABC to appear, legally represented, before the Court of XYZ, ..."
It does not seem to be a summmons for ABC to appear with legal representation, but for ABC to be legally represented.
Maybe you could go with a short form that still makes use of standard legalese "to summons ABC to be legally represented before the Court of...". Quite honestly, that is xhat the source seems to be saying and "legal representation" is a standard phrase and obviosuly means that those with the relevant rights of audience can represent ABC in the court in question. Gets you round the problem of barrister, counsel, barrister-at-law etc., not to mention the question of whether of not ABC is to be present with the legal beagles.
enter an appearance through the agency of ('acting by') a Barrister-at-Law... before the Court
BTW, there used to be a Barrister-Solicitor/Avocat -Avoué divide in Belgium and Luxembourg up to 40 years ago, the Avoué title still coming up in Courts of Appeal in the South of France.
Thanks anyway for the title that I will now use instead of Avocat plaidant vs. postulant.
S v S; in re S (An Infant, *by her Guardian ad Litem* the Official Solicitor to the Supreme Court) v S; W v Official Solicitor (Acting as Guardian ad Litem for a Male Infant Named PHW): House of Lords 1970
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AllegroTrans
: Right idea but Barrister-at-Law is much to E&W/Commonwealth/Ireland an expression here, and "through the agency of" is really unnecessary waffle
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Indeed, though it is more for ref. - and my own titular use.// waffle 1. that is why I added 'acting by' in brackets 2. 'through the ministerial agency of' - query: still usable in a tortious or Scots delictual context: James on Tort (1969).
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Eliza Hall
: You've got the gist, but this doesn't sound like the phrasing one would see in a summons, and it's about half a dozen words longer than it needs to be.
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That never never stopped you lifting half of the wording.
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to enter an appearance through a barrister... before the Tribunal
So, comparaître = appear or enter an appearance; in this case you would use the latter because an assignation happens at the very earliest stage of a civil action, and a lawyer technically has to "enter an appearance" (file a paper stating that they are X party's lawyer, or possibly, depending on local practices, show up in court and formally so state) before they can "appear" (i.e. make an argument or do anything else in court on behalf of their client).
The distinction that doesn't exist in English is between "avocat à la Cour" and "avocat au barreau." They both mean barrister, i.e., an attorney who argues cases in court. The distinction is just based on where the barrister practices: if she's based in a jurisdiction where a court of appeals is physically located, then she's an "avocate à la cour." If she's based in a smaller place that doesn't have a court of appeals actually located there -- in other words, the court to which cases from her jurisdiction get appealed is physically somewhere else --then she's an "avocate au barreau." If you're in a place where there are no jurisdictions that lack courts of appeal (and Luxembourg is small enough that it might be one), then all barristers are "avocats à la cour."
Reference: http://pointdroit.com/difference-avocat-cour-barreau/
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writeaway
: although court is fine imo. it's a district court (Tribunal d\'arrondissement)
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Yes, they're fairly interchangeable, but see discussion.
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AllegroTrans
: It is a court and tribunal here is a false friend; the tribunal system in Luxembourg is a separate entity
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Please see discussion. In Lux. tribunaux are the courts of first instance and la cour is the court of appeal, as in France. It's not a separate entity, just 1st instance vs. appellate levels of the judiciary.
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Adrian MM.
: You have, de novo, slightly reworded my answer and gone off-beam with a tribunal.
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Wording is the essence of translation, is it not? Any bilingual person can get the basic meaning right. As such, all correct answers will resemble each other, but some will be worded better. As for tribunal vs. court, see discussion.
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Discussion
In Luxembourg the tribunaux d'arrondissement are not true courts of general jurisdiction (since some types of cases are heard elsewhere in the 1st instance), but they are catch-alls that hear all cases not expressly assigned to some other judicial body.
https://gouvernement.lu/fr/systeme-politique/cours-tribunaux...
Tribunal in EN means different things in different countries (google "difference court tribunal" + country name to see), but generally they are specialized courts of 1st instance (military trib., employment trib., etc.). "Court" is more general and includes not just courts of 1st instance but also all levels of appeal.
So there is no exact correspondence between FR cour/tribunal and EN court/tribunal. The systems don't match so neither do the words, and the EN words mean different things in different countries. I prefer tribunal>tribunal because at least then we know it's a court of 1st instance. But YMMV.