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statuant en audience foraine

English translation: acting in an extra-jurisdictional/extra-territorial hearing

15:35 Feb 17, 2009
French to English translations [PRO]
Law/Patents - Law (general) / court
French term or phrase: statuant en audience foraine
Phrase:
"Tribunal de Grande Instance de *** statuant en audience foraine du Tribunal de Commerce de ****"
Je sais que l'audience foraine est "out-of-town hearing",
mais je suis confuse quant au tribunal qui prononce l'arret - si c'est l'audience du tribunal de commerce, comment est-ce que c'est le tribunal de grande instance qui statue???
Kylli
Local time: 14:06
English translation:acting in an extra-jurisdictional/extra-territorial hearing
Explanation:
According to Multidico French dictionary:

Audience foraine, audience tenue par le juge d'instance hors du chef-lieu de la circonscription du tribunal.

The Lectric Law dictionary defines jurisdiction as:

A power constitutionally conferred upon a judge or magistrate, to take cognizance of and decide causes according to law and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory and his power in relation to his territory is called his territorial jurisdiction.

So, if the territory in which a judge/court has power to take decisions is "territorial", one in which such judge or court lack power to make decisions would be an extra-territorial juridiction.

As regards your other question, I guess this may be a case of "concurrent jurisdiction", i.e, a jurisdiction that may be entertained by more than one court. (the power of both courts to make decisions "overlaps" to put it in simple words),
Hope it'll help
Selected response from:

Gerardo Robles
Argentina
Local time: 08:06
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Summary of answers provided
4acting in an extra-jurisdictional/extra-territorial hearing
Gerardo Robles


Discussion entries: 3





  

Answers


7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
acting in an extra-jurisdictional/extra-territorial hearing


Explanation:
According to Multidico French dictionary:

Audience foraine, audience tenue par le juge d'instance hors du chef-lieu de la circonscription du tribunal.

The Lectric Law dictionary defines jurisdiction as:

A power constitutionally conferred upon a judge or magistrate, to take cognizance of and decide causes according to law and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory and his power in relation to his territory is called his territorial jurisdiction.

So, if the territory in which a judge/court has power to take decisions is "territorial", one in which such judge or court lack power to make decisions would be an extra-territorial juridiction.

As regards your other question, I guess this may be a case of "concurrent jurisdiction", i.e, a jurisdiction that may be entertained by more than one court. (the power of both courts to make decisions "overlaps" to put it in simple words),
Hope it'll help

Gerardo Robles
Argentina
Local time: 08:06
Native speaker of: Native in SpanishSpanish, Native in FrenchFrench
PRO pts in category: 4
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