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judicial magistrate

French translation: magistrat

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17:53 Dec 18, 2001
English to French translations [Non-PRO]
Law/Patents / local law courts
English term or phrase: judicial magistrate
Indian judicial system
Jacques Tranier
French translation:magistrat
Explanation:
Judicial magistrate (India)

Generally speaking, translating “magistrate” in a UK legal context by “magistrat” in French is a mistake. A magistrate is not a professional judge, but a Justice of the Peace. They are lay persons, ordinary members of the community who serve in the Magistrates’ Court (1). There is no requirement that they have a degree of any sort, although many do. A UK Magistrate (JP, Jusitce of the peace) may be a builder, a teacher, a doctor - anything! Magistrates lie at the heart of the UK legal system based on common law.

Whilst based essentially on the UK common law, India would appear to have a slightly different structure again. There are “judicial magistrates” (class I and II) and “executive magistrates”. There are also “chief judicial magistrates”.

To determine which term gives the most accurate rendering of the function of Judicial Magistrate, you need to find out who the officers of the Court in India are and how they obtain their posts. Here are some of my findings. In view of the qualification procedure and requirements, I think in the Indian context, a “magistrate” is indeed closer to the professional in the sense of the systems based on Roman law (as in the case in France) and that, in context, ‘”magistrat” can work for once! As I understand it, they require a law degree (see (4)) and further study. They work as professional (paid) judges in the criminal courts.

1 - http://www.courtservice.gov.uk/info/cs_struc.pdf
Court structure UK clear and detailed diagram


2 - http://www.goindiago.com/general/lawjust.html

Judiciary
[…]
Each state is divided into judicial districts presided over by a district and sessions judge, who is the principal civil court of original jurisdiction and can try all offences including those punishable with death. He is the highest judicial authority in a district. Below him, there are courts of civil jurisdiction, known in different states as munsifs, sub-judges, civil judges and the like. SIMILARLY, CRIMINAL JUDICIARY COMPRISES CHIEF JUDICIAL MAGISTRATE AND JUDICIAL MAGISTRATES OF FIRST AND SECOND CLASS.
[…]
SUBORDINATE COURTS
The structure and functions of subordinate courts are more or less uniform throughout the country. Designations of courts connote their functions. These courts deal with all disputes of civil or criminal nature as per the powers conferred on them. They have been derived principally from two important codes prescribing procedures, the Code of Civil Procedure, 1908 and the Code of Criminal Procedure, 1973 and further strengthened by local statutes. As per direction of Supreme Court in WP (Civil), 1022/1989 in the All India Judges Association case, a uniform designation has been brought about in the subordinate judiciary's judicial officers all over the country, viz., District or Additional District Judges, Civil Judge (Senior Division) and Civil Judge Junior Division) on the civil side and on criminal side, Sessions Judge, Additional Sessions Judge, Chief Judicial Magistrate and Judicial Magistrate, etc., as laid down in the Cr PC. Appropriate adjustment, if any, has been made of existing posts by indicating their equivalent with any of these categories by all state governments/UT administrations.

3 - http://www.cyberorissa.com/fp/govern/adminis.htm

Each district is headed by a collector. He is also designated as the District Magistrate (DM) under the criminal procedure code. At the district level there is separation of executive and Judiciary .The Judicial wing is headed by the district and session Judge and he is assisted by Additional and Subordinate Judges, Munsifs, a chief judicial Magistrate, Additional Chief Judicial Magistrate, Subdivisional Judicial Magistrate and Magistrate of 1st and 2nd class. The District Magistrate and Collector who is the executive head of the district has under him a sub-divisional officer, now designated as Sub-Collector, in each sub-division and one or more Additional District Magistrate (ADM) and a number of deputy collectors, some pf whom are vested with magisterial powers to facilitate administration of law & order. They are called Executive Magistrates under Criminal Procedure Code.

4 - http://education.sify.com/final/career_16a.asp

Examination procedure – Note requirement for a degree in law, plus further post(grad study.


5 - http://www.nilachal.com/career/law.asp

Info on careers in law in India.


6 - http://finance.indiamart.com/government_india/judicial.html

Judicial System : The judiciary is relatively independent and the legal system is based on English common law. India's independent judicial system began under the British, and its concepts and procedures resemble those of Anglo-Saxon countries. The Supreme Court consists of a chief justice and 25 other justices, all appointed by the president on the advice of the prime minister.
The Supreme Court is the apex court in the country. The High Court stands at the head of the state's judicial administration. Each state is divided into judicial districts presided over by a district and sessions judge, who is the highest judicial authority in a district. Below him, there are courts of civil jurisdiction, known in different states as munsifs, sub-judges, civil judges and the like. Similarly, criminal judiciary comprises chief judicial magistrate and judicial magistrates of first and second class
Selected response from:

Nikki Scott-Despaigne
Local time: 01:39
Grading comment
Graded automatically based on peer agreement. KudoZ.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +3magistrat
Nikki Scott-Despaigne
5 +1Magistrat de la CourxxxA. Walter
4 +1le jugeDPolice
5magistrat/magistraturecheungmo
4Correction
Nikki Scott-Despaigne
4Juge d'un tribunal d'arrondissement
Lise Boismenu, B.Sc.
3juge de paix
irat56


  

Answers


7 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
juge de paix


Explanation:
Je n'en suis pas sûr, mais puisqu'il s'agit de "local law courts", et que le système judiciaire est encore marqué par la présence Britannique, je pense qu'ils sont similaires aux "Justice of the peace"

irat56
France
Local time: 01:39
Native speaker of: Native in FrenchFrench
PRO pts in pair: 1451

Peer comments on this answer (and responses from the answerer)
neutral  Nikki Scott-Despaigne: Ce serait logique, et c'est normalement le cas. Néanmoins, ici, je pense que nous avons une exception qui confirme la règle, le système indien ayant évoluié différement. Cf. ma réponse et faîtes une opinion.
8 hrs
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25 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
Magistrat de la Cour


Explanation:
I think this would be another option for this particular translation.
This is used very often to describe
this position,
Hope you'll find this correct,
A. Walter


xxxA. Walter
Local time: 01:39
PRO pts in pair: 4

Peer comments on this answer (and responses from the answerer)
agree  Maya Jurt
3 hrs

neutral  Nikki Scott-Despaigne: Détail non-negligeable, le contexte indien. Normalement, traduire "magistrate" par "magistrat" pour un contexte anglais serait faux.
8 hrs
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27 mins   confidence: Answerer confidence 5/5
magistrat/magistrature


Explanation:
Magistrat (masc.) if its the person on the bench, magistrature (fem.) if its the bench itself (meaning: the body of magistrates, or the magistrates as a concept.

cheungmo
PRO pts in pair: 556
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54 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
le juge


Explanation:
the magistrate who presides over a trial

see Bhopal trial below


    Reference: http://www.bhopal.net/cjmjune2000.html
DPolice
Local time: 01:39
PRO pts in pair: 779

Peer comments on this answer (and responses from the answerer)
agree  Nikki Scott-Despaigne: Oui, dans le contexte indien, ce terme peut marcher.
8 hrs
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
Juge d'un tribunal d'arrondissement


Explanation:
Dans le système judiciaire indien: voir le site:
http://www.okcourt.com/


Lise Boismenu, B.Sc.
Canada
Local time: 19:39
Native speaker of: French
PRO pts in pair: 1162

Peer comments on this answer (and responses from the answerer)
neutral  Maya Jurt: That's Oklahoma, Lise, not India ;-)
1 hr
  -> Oops! I have assumed North American Indians (autochtones)
Login to enter a peer comment (or grade)

9 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
magistrat


Explanation:
Judicial magistrate (India)

Generally speaking, translating “magistrate” in a UK legal context by “magistrat” in French is a mistake. A magistrate is not a professional judge, but a Justice of the Peace. They are lay persons, ordinary members of the community who serve in the Magistrates’ Court (1). There is no requirement that they have a degree of any sort, although many do. A UK Magistrate (JP, Jusitce of the peace) may be a builder, a teacher, a doctor - anything! Magistrates lie at the heart of the UK legal system based on common law.

Whilst based essentially on the UK common law, India would appear to have a slightly different structure again. There are “judicial magistrates” (class I and II) and “executive magistrates”. There are also “chief judicial magistrates”.

To determine which term gives the most accurate rendering of the function of Judicial Magistrate, you need to find out who the officers of the Court in India are and how they obtain their posts. Here are some of my findings. In view of the qualification procedure and requirements, I think in the Indian context, a “magistrate” is indeed closer to the professional in the sense of the systems based on Roman law (as in the case in France) and that, in context, ‘”magistrat” can work for once! As I understand it, they require a law degree (see (4)) and further study. They work as professional (paid) judges in the criminal courts.

1 - http://www.courtservice.gov.uk/info/cs_struc.pdf
Court structure UK clear and detailed diagram


2 - http://www.goindiago.com/general/lawjust.html

Judiciary
[…]
Each state is divided into judicial districts presided over by a district and sessions judge, who is the principal civil court of original jurisdiction and can try all offences including those punishable with death. He is the highest judicial authority in a district. Below him, there are courts of civil jurisdiction, known in different states as munsifs, sub-judges, civil judges and the like. SIMILARLY, CRIMINAL JUDICIARY COMPRISES CHIEF JUDICIAL MAGISTRATE AND JUDICIAL MAGISTRATES OF FIRST AND SECOND CLASS.
[…]
SUBORDINATE COURTS
The structure and functions of subordinate courts are more or less uniform throughout the country. Designations of courts connote their functions. These courts deal with all disputes of civil or criminal nature as per the powers conferred on them. They have been derived principally from two important codes prescribing procedures, the Code of Civil Procedure, 1908 and the Code of Criminal Procedure, 1973 and further strengthened by local statutes. As per direction of Supreme Court in WP (Civil), 1022/1989 in the All India Judges Association case, a uniform designation has been brought about in the subordinate judiciary's judicial officers all over the country, viz., District or Additional District Judges, Civil Judge (Senior Division) and Civil Judge Junior Division) on the civil side and on criminal side, Sessions Judge, Additional Sessions Judge, Chief Judicial Magistrate and Judicial Magistrate, etc., as laid down in the Cr PC. Appropriate adjustment, if any, has been made of existing posts by indicating their equivalent with any of these categories by all state governments/UT administrations.

3 - http://www.cyberorissa.com/fp/govern/adminis.htm

Each district is headed by a collector. He is also designated as the District Magistrate (DM) under the criminal procedure code. At the district level there is separation of executive and Judiciary .The Judicial wing is headed by the district and session Judge and he is assisted by Additional and Subordinate Judges, Munsifs, a chief judicial Magistrate, Additional Chief Judicial Magistrate, Subdivisional Judicial Magistrate and Magistrate of 1st and 2nd class. The District Magistrate and Collector who is the executive head of the district has under him a sub-divisional officer, now designated as Sub-Collector, in each sub-division and one or more Additional District Magistrate (ADM) and a number of deputy collectors, some pf whom are vested with magisterial powers to facilitate administration of law & order. They are called Executive Magistrates under Criminal Procedure Code.

4 - http://education.sify.com/final/career_16a.asp

Examination procedure – Note requirement for a degree in law, plus further post(grad study.


5 - http://www.nilachal.com/career/law.asp

Info on careers in law in India.


6 - http://finance.indiamart.com/government_india/judicial.html

Judicial System : The judiciary is relatively independent and the legal system is based on English common law. India's independent judicial system began under the British, and its concepts and procedures resemble those of Anglo-Saxon countries. The Supreme Court consists of a chief justice and 25 other justices, all appointed by the president on the advice of the prime minister.
The Supreme Court is the apex court in the country. The High Court stands at the head of the state's judicial administration. Each state is divided into judicial districts presided over by a district and sessions judge, who is the highest judicial authority in a district. Below him, there are courts of civil jurisdiction, known in different states as munsifs, sub-judges, civil judges and the like. Similarly, criminal judiciary comprises chief judicial magistrate and judicial magistrates of first and second class



    Reference: http://finance.indiamart.com/government_india/judicial.html
    Reference: http://www.cyberorissa.com/fp/govern/adminis.htm
Nikki Scott-Despaigne
Local time: 01:39
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 882
Grading comment
Graded automatically based on peer agreement. KudoZ.

Peer comments on this answer (and responses from the answerer)
agree  irat56: Thanks for the precisions!
3 hrs
  -> Your welcome. I think that "juge" would also be a perfectly acceptable solution. Perhaps a footnote with the original term for reference though...

agree  Anne Amar
7 hrs

agree  Yolanda Broad: You convinced me!
13 hrs
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14 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Correction


Explanation:
Sorry about the typo. (If my mother were to see that one!) You're welcome.

The "add" button isn't working.

Nikki Scott-Despaigne
Local time: 01:39
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 882
Login to enter a peer comment (or grade)




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