leur marché procédural

English translation: went forum/jurisdiction shopping

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:leur marché procédural
English translation:went forum/jurisdiction shopping
Entered by: Maria Constant (X)

09:11 Nov 17, 2016
French to English translations [PRO]
Law/Patents - Law: Patents, Trademarks, Copyright / Statement of case (copyright infringement)
French term or phrase: leur marché procédural
Monsieur X et Monsieur Y font leur marché procédural en assignant les défendeurs devant une juridiction dans le ressort de laquelle se trouve l’une des filiales plutôt que devant la juridiction correspondant à leur siège social.

I'm not sure what they are getting at here.

UK audience.

N.B. There are a lot of typos in the original document ... (could it be another word???)

TIA
Maria Constant (X)
Local time: 16:37
went forum/jurisdiction shopping
Explanation:

Forum Shopping

Forum Shopping refers to a practice followed by the litigants, for choosing a forum to hear their case, which they believe will grant the desired or a most favorable judgment to them. Forum shopping is possible when several courts have concurrent jurisdiction over a plaintiff’s claim. In the U.S., a plaintiff may file a suit in several jurisdictions; they may file a suit in a Federal or local court according to their convenience. It may be filed in the jurisdiction where the defendant lives, or where the cause of action arose. The state and federal courts may have different procedural rules and in some cases they may use different substantive law. Plaintiff may use them to their advantage. On the other hand, a plaintiff might prefer one jurisdiction due to a peculiarity in its procedural rules or due to its choice of law rule.

The defendant also gets an opportunity for forum shopping and can have the case removed from the court where the case was filed by the plaintiff. The defendant may file a motion for forum non convenience and if he is able to convince the court of the inconvenience, he may get the case to be tried in a court of his choice, which has a jurisdiction in the matter.

Forum shopping also happens in criminal cases, but not often. Certain districts and circuits are widely considered to favor the government in particular issues or trials. Defendants may want such forums to be avoided, but they may have only a feeble chance to get the forum changed. They may get an opportunity to change the forum if they are able to prove that localized notoriety and publicity may make it impossible to select an impartial jury.

Generally, U.S. courts object to forum shopping. One main reason for the objection is that it offends the sense of justice. Alternatively, the professed favorable courts get overburdened and their work load increases, thereby delaying the timely dispensation of justice in other cases.
Selected response from:

AllegroTrans
United Kingdom
Local time: 15:37
Grading comment
Thanks Allegro.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1take their pick in procedures
Didier Fourcot
3 +1went forum/jurisdiction shopping
AllegroTrans
4their choice of where to institute proceedings
B D Finch


Discussion entries: 1





  

Answers


2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
take their pick in procedures


Explanation:
Common wording in French:
http://www.wordreference.com/fren/faire son marché
an example in press recently:
http://www.ouest-france.fr/europe/grande-bretagne/brexit/bre...

Didier Fourcot
Local time: 16:37
Native speaker of: Native in FrenchFrench

Peer comments on this answer (and responses from the answerer)
agree  writeaway: or pick and choose
42 mins
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5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
their choice of where to institute proceedings


Explanation:
https://www.tralac.org/.../5825-trade-remedies-and-dispute-s... Jul 2014 - The South African Poultry Association, which represents local .... as to where to institute proceedings for ensuring anti-dumping measures on ...

www.fmlc.org/uploads/2/.../paper_on_unilateral_jurisdiction... office: 8 Lothbury, London, EC2R 7HH. Registered in England .... Crédit Suisse reserved the right to institute proceedings in “any other competent.

https://www.law.cornell.edu/supremecourt/text/342/76Wide and whimsical diversities are revealed by the local law of the forty-eight .... in the words of the section 'to institute proceedings in any court specified in ...

B D Finch
France
Local time: 16:37
Native speaker of: Native in EnglishEnglish
PRO pts in category: 16
Login to enter a peer comment (or grade)

5 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
font leur marché procédural
went forum/jurisdiction shopping


Explanation:

Forum Shopping

Forum Shopping refers to a practice followed by the litigants, for choosing a forum to hear their case, which they believe will grant the desired or a most favorable judgment to them. Forum shopping is possible when several courts have concurrent jurisdiction over a plaintiff’s claim. In the U.S., a plaintiff may file a suit in several jurisdictions; they may file a suit in a Federal or local court according to their convenience. It may be filed in the jurisdiction where the defendant lives, or where the cause of action arose. The state and federal courts may have different procedural rules and in some cases they may use different substantive law. Plaintiff may use them to their advantage. On the other hand, a plaintiff might prefer one jurisdiction due to a peculiarity in its procedural rules or due to its choice of law rule.

The defendant also gets an opportunity for forum shopping and can have the case removed from the court where the case was filed by the plaintiff. The defendant may file a motion for forum non convenience and if he is able to convince the court of the inconvenience, he may get the case to be tried in a court of his choice, which has a jurisdiction in the matter.

Forum shopping also happens in criminal cases, but not often. Certain districts and circuits are widely considered to favor the government in particular issues or trials. Defendants may want such forums to be avoided, but they may have only a feeble chance to get the forum changed. They may get an opportunity to change the forum if they are able to prove that localized notoriety and publicity may make it impossible to select an impartial jury.

Generally, U.S. courts object to forum shopping. One main reason for the objection is that it offends the sense of justice. Alternatively, the professed favorable courts get overburdened and their work load increases, thereby delaying the timely dispensation of justice in other cases.


AllegroTrans
United Kingdom
Local time: 15:37
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 27
Grading comment
Thanks Allegro.

Peer comments on this answer (and responses from the answerer)
agree  Yolanda Broad: Nice wording. Might be a bit too colloquial for the context, though.
1 day 23 hrs
  -> thank you; marché does effectovely suggest "shopping"
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