Glossary entry

French term or phrase:

juge du fond

English translation:

Trial judge - at the court below

Added to glossary by Paul Stevens
Aug 20, 2003 11:12
20 yrs ago
44 viewers *
French term

juge du fond

French to English Law/Patents
This is an extract from a defence statement in respect of an appeal being made to the "Conseil d'Etat" regarding a decision made by a previous court relating to a company's tax assessment:

"La société XXXX, tout en renvoyant à ses écritures devant les juges du fond, entend rappeler les observations suivantes, s’agissant de l’irrégularité de la procédure de vérification suivie en l’espèce."

I know that "fond" can often mean "merits" in legal papers, but I do not think that this fits here, or, indeed, where the phrase "juge du fond" appears elsewhere in the text.

Can anybody therefore assist on the correct legal meaning of these 3 words. TIA for your help.
Proposed translations (English)
5 +3 Trial judge - at the court below
4 +2 trial judge
4 +1 lower-court judge
4 trial and appeal court / court below

Proposed translations

+3
15 mins
Selected

Trial judge - at the court below

Context invariably on appeal. Trickier is trans. of Conseil d'Etat, either not translated by purists or goes to Council of State. However, non-categorically, it approximates to the UK Privy Council.
Peer comment(s):

agree Nikki Scott-Despaigne
20 hrs
agree writeaway
1 day 20 hrs
agree Mpoma : yep
4927 days
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4 KudoZ points awarded for this answer. Comment: "Many thanks"
12 mins

trial and appeal court / court below

In other words, these are courts that just the facts, substance or, as you say, merits of the case, whereas the highest appeal courts (cours de cassation) will decide only matters of law.

The terms above are given by F.H.S. Bridge "The Council of Europe French-English Legal Dictionary"

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Note added at 13 mins (2003-08-20 11:26:28 GMT)
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I suppose that should be \"trial OR appeal court\" - \"Trial and appeal courts\" is OK in the plural, which is what Bridge gives.
Peer comment(s):

neutral Mpoma : Bridge is generally good, and your point about "or" makes sense. Except for the fact that although "les juges" may translate to "the courts", this doesn't necessarily mean that "le juge" translates to "the court". I prefer KirstyMac's solution.
4927 days
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+2
14 mins

trial judge

A:\bergsten.html - [ Traduire cette page ]
... However case law has clearly established that it is for the trial judge (juge de fond) to decide whether to permit avoidance or to simply reduce the price, if ...
www.cisg.law.pace.edu/cisg/biblio/bergsten.html - 71k

Confirmation Termium:
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trial judge Source CORRECT

juge de première instance
Source CORRECT, MASC

juge de fond
Peer comment(s):

agree Abdellatif Bouhid : Trial judge it is. He/She is the one to determine the issues and issue findings, in contrast to the pre-trial judge who rules on pre-trial interlocutory motions.
1 hr
agree writeaway
1 day 20 hrs
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+1
21 mins

lower-court judge

That's what generally call them in the US:

Channel NewsAsia
... 2003 1326 hrs (SST) 0526 hrs (GMT) Software giant Microsoft wins appeal on Sun's ... The judges sent the case back to the lower-court judge, US District Judge J ...
www.channelnewsasia.com/stories/corporatenews/ view/43168/1/.html - 44k - Cached - Similar pages

Microsoft wins appeal on Java
Microsoft wins appeal on Java. ... The three-judge panel in Richmond, Virginia, said on Thursday a lower court judge had erred by ordering Microsoft to carry its ...
uk.news.yahoo.com/030626/80/e3bgu.html - 13k - Cached - Similar pages

Ruling seen near on Microsoft appeal in Java case
... Ruling seen near on Microsoft appeal in Java case. ... A three-judge panel in Richmond, Virginia will decide whether a lower-court judge erred by ordering Microsoft ...
in.tech.yahoo.com/030626/137/25grx.html - 24k - Cached - Similar pages
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Court TV Casefiles: The OJ Simpson Appeal
... 11 (Court TV) -- Claiming that a lower court judge should have considered evidence in ... The appeal court decided Judge Wieben Stock should have waited for the ...
www.courttv.com/casefiles/simpson/ custody/111198_ctv.html - 6k
Peer comment(s):

agree sarahl (X)
12 hrs
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