assignation

English translation: summons,

06:12 Aug 29, 2000
French to English translations [Non-PRO]
Law/Patents
French term or phrase: assignation
I found "summons" for "assignation" in regular and legal dictionaries, but from the context, it seems to be referring more to "lawsuit" or "pleadings." This is from the defendant's response to the plaintiff's accusation that the defendent plagiarized his screenplay: "En effet, et quand bien meme la comparaison devrait etre effectuee sur la base du scenario produit par les demandeurs, l'analyse de similarite effectuee par les demandeurs dans le corps de leur assignation n'est nullement pertinente."
Karen Tucker
English translation:summons,
Explanation:
It is a summons, or in fact, a writ of summons (Oxford Dictionary of Law, OUP, 1997). However, in your extract, it certainly does appear that this reference to the document is used loosely to include the include other documents used in legal proceedings. However, remember what a summons must contain. Here are some of teh relevant docs required :

-reference to the court before which the case is being presented and stating that the court is satisfied that there is a prima facie case against him (the defendant [-ant, in British English]), dixon v Welles (1890) 25 QBD 249 ;
-the general subject matter of the case, the date, time & place of the hearing (R v Brentford Jusitces, ex parte Catlin [1975] QB 455 - since codified into statute law).
- a reference to the written evidence upon which the demand is founded, (a list of documents)

A summons is also used to in an application to a judge or master in chambers for a decision on the procedural points of law before an action in court.

As your extract refers more particularly to the "corps de l'assignation" than to the summons itself, I think you can quite safely refer to this as the pleadings, or even the "statement of claim" if you have more specific knwoledge from elsewhere in your text as to where the body of their claim is. Why not use "claim" in fact? That is both specific and general enough for your pruposes in my view. It is of course possible that the Statement of Claim itself is endorsed on the writ. (See Order 18, rule 1 and Order 62, rule 7), where Order referes to Orders of the Supreme Court/County Court). Supreme Court Rules, as the Supreme Court in English law is pretty virtual!

So, "claim" seems like a good option.

Good luck

Nikki
Selected response from:

Nikki Scott-Despaigne
Local time: 18:51
Grading comment
I want to thank you, Nikki, for your very thorough AND WELL_DOCUMENTED ANSWER AND EXPLANATION (ALL OF A SUDDEN I CAN ONLY WRITE IN CAPS!) THANKS TO EVERYONE ELSE WHO HELPED OUT TOO> I HAVE A MUCH BETTER UNDERSTANDING OF THE TERMS AND PROCESS NOW AND LOTS OF CHOICES! (HEATHCLIFFE< THANKS FOR ANSWERING DESPITE YOUR WRIST SURGERY!) KAREN
4 KudoZ points were awarded for this answer



Summary of answers provided
na((PS - apologies for clumsy typing;
Heathcliff
nafurther info (GB v US English)
Nikki Scott-Despaigne
nasorry, forgot this
Nikki Scott-Despaigne
naIn this context, "body of their pleadings" seems most appropriate:
Heathcliff
nasubpoena/ complaint filed
Yolanda Broad
nawrit of summons
kecikyle
nasummons,
Nikki Scott-Despaigne
naaccusation statement.
Luis Luis


  

Answers


9 mins
accusation statement.


Explanation:
"In effect, and just when the comparison is made by the plaintiffs on the basis of the product scenario, the analysis of similarity made by the plaintiffs in the body of the accusation statement is not entirely without value."

Au revoir.

Luis Luis

Luis Luis
United States
Local time: 11:51
Native speaker of: Native in PortuguesePortuguese
PRO pts in pair: 35

Peer comments on this answer (and responses from the answerer)
Heathcliff

Nikki Scott-Despaigne
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19 mins
writ of summons


Explanation:
A judicial writ, issued out of a superior court, under the name of Her Majesty, commencing a legal proceeding and addressed to the defendants thereof commanding them to appear and answer the case of the plaintiff. The writ of summons must identify the court from which it is issued, the name of the plaintiff or plaintiffs and the name or names of the defendants, their addresses, and also contain a brief statement of the claim of the plaintiff. Definition given in Termium (Canadian Bank of Terminology). You may also want to check out the electric law library at : www.lectlaw.com


    Reference: http://www.termium.com
kecikyle
Canada
Local time: 12:51
Native speaker of: Native in FrenchFrench
PRO pts in pair: 4

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Heathcliff

Nikki Scott-Despaigne
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32 mins
summons,


Explanation:
It is a summons, or in fact, a writ of summons (Oxford Dictionary of Law, OUP, 1997). However, in your extract, it certainly does appear that this reference to the document is used loosely to include the include other documents used in legal proceedings. However, remember what a summons must contain. Here are some of teh relevant docs required :

-reference to the court before which the case is being presented and stating that the court is satisfied that there is a prima facie case against him (the defendant [-ant, in British English]), dixon v Welles (1890) 25 QBD 249 ;
-the general subject matter of the case, the date, time & place of the hearing (R v Brentford Jusitces, ex parte Catlin [1975] QB 455 - since codified into statute law).
- a reference to the written evidence upon which the demand is founded, (a list of documents)

A summons is also used to in an application to a judge or master in chambers for a decision on the procedural points of law before an action in court.

As your extract refers more particularly to the "corps de l'assignation" than to the summons itself, I think you can quite safely refer to this as the pleadings, or even the "statement of claim" if you have more specific knwoledge from elsewhere in your text as to where the body of their claim is. Why not use "claim" in fact? That is both specific and general enough for your pruposes in my view. It is of course possible that the Statement of Claim itself is endorsed on the writ. (See Order 18, rule 1 and Order 62, rule 7), where Order referes to Orders of the Supreme Court/County Court). Supreme Court Rules, as the Supreme Court in English law is pretty virtual!

So, "claim" seems like a good option.

Good luck

Nikki


    Dic. of Law, Curzon, FT Publishing, 1999
    Lexique de termes Juridiques, Dalloz, 9th ed., 1993
Nikki Scott-Despaigne
Local time: 18:51
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4549
Grading comment
I want to thank you, Nikki, for your very thorough AND WELL_DOCUMENTED ANSWER AND EXPLANATION (ALL OF A SUDDEN I CAN ONLY WRITE IN CAPS!) THANKS TO EVERYONE ELSE WHO HELPED OUT TOO> I HAVE A MUCH BETTER UNDERSTANDING OF THE TERMS AND PROCESS NOW AND LOTS OF CHOICES! (HEATHCLIFFE< THANKS FOR ANSWERING DESPITE YOUR WRIST SURGERY!) KAREN

Peer comments on this answer (and responses from the answerer)
Heathcliff
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40 mins
subpoena/ complaint filed


Explanation:
Would you be more comfortable with *subpoena*, whicn is often issued at the request of the complainant, who will have filed a complaint with the court? Or would you prefer to say, directly, "complaint filed [with the court]?

Here is what Termium has to offer:

English:Evidence (Litigation)

subpoena s NOUN,CANADA,N. BRUNSWICK

writ of subpoena s CORRECT

subpoena to witness s
witness subpoena s
summons to witness s
summons s NOUN

1998-08-03


    Reference: http://www.termium.com
Yolanda Broad
United States
Local time: 12:51
Native speaker of: English
PRO pts in pair: 1551

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Heathcliff
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1 hr
In this context, "body of their pleadings" seems most appropriate:


Explanation:

"In actuality, and despite the fact that the comparison was made on the basis of the screenplay produced by the plantiffs, the analysis of similarity performed or "presented"] by the plaintiffs in the body of their pleadings is utterly irrelevant."

For a somewhat more legalistic flavor, you could say "...and the fact notwithstanding that the comparison was necessarily made...". But the import of the sentence is the same.

Heathcliff
United States
Local time: 09:51
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 953

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Nikki Scott-Despaigne
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1 hr
((PS - apologies for clumsy typing;


Explanation:
I'm recovering from wrist surgery, ugh!))

Heathcliff
United States
Local time: 09:51
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 953
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1 hr
further info (GB v US English)


Explanation:
A little word about the word "subpoena".

If your target reader is UK-based, then I would advise against the use of subpoena. The term exists in English law but does not have the same meaning. In English law this is the form of summons used to order a person to appear (commonly known as a "witness summons"). There in fact two kinds of subpoena, viz.,
1-a "subpoena ad testificandum" which requires a person to appear to give evidence ;
2-a "subpoean duces tecum", which requires that person to produce particular documents in evidence.

Not quite the same meaning as "claim" "body of claim" - unless of course the meanings I have known for years and used in past employment when training as a solicitor have a different meaning under US law. Quite posible!

Depends on context of your audience, English (Scottish would be different again) or US.

Over & out,

Nikki


    Oxford Dictionary of Law, OUP, 1999
Nikki Scott-Despaigne
Local time: 18:51
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4549

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Heathcliff
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2 hrs
sorry, forgot this


Explanation:
The sense of "subpoena" to start proceedings (cf. YBROAD's answer) is referred to as an "originating summons" under English law anyway... There are other types too.

Nikki

Nikki Scott-Despaigne
Local time: 18:51
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4549

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Heathcliff
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