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Après des poursuites frappées d'opposition

English translation: After proceedings had been stopped > (CH) by an objection to payment

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:Après des poursuites frappées d'opposition
English translation:After proceedings had been stopped > (CH) by an objection to payment
Entered by: Adrian MM.

09:41 Apr 30, 2020
French to English translations [PRO]
Law/Patents - Law (general) / This is a lawsuit between two companies
French term or phrase: Après des poursuites frappées d'opposition
This is a lawsuit between two companies whereby A is accusing B of a wrongful and dishonest conduct. I got to this sentence and couldn't translate this phrase "des poursuites frappées d'opposition".
Here is the sentence;
"Après des poursuites frappées d'opposition, A. a ouvert action contre B."
AKAH OKWEN ARNOLD FLORENT
Cameroon
Local time: 06:12
After proceedings had been stopped (AmE civ. & crim.: nolle prosequied)
Explanation:
stopped and not halted, namely by an adjournment.

Après des poursuites frappées d'opposition, A. a ouvert action contre B: after the proceedings ahd been dismissed (by entry of a nolle prosequi), A. issued proceedings against B. Mpoma's point of une nouvelle action: there wasn't a choate one in the first place.

Likely scenarios are (BrE) dismissal by the court, unilateral discontinuance or ultimate termination of the action or (AmE) nolle prosequi that can be used as a verb, both in civil and criminal proceedings.

Thus, the Attorney-General of E&W, often controversially, can enter a nolle prosequi e.g. to stop a private *criminal* prosecution by perceptibly aggrieved citizens.

Selected response from:

Adrian MM.
Austria
Grading comment
Thanks, the follow up research helped me.
2 KudoZ points were awarded for this answer



Summary of answers provided
4After proceedings had been stopped (AmE civ. & crim.: nolle prosequied)
Adrian MM.
3 -1After (first) proceedings were halted...
Mpoma
4 -2After some continued efforts struck by opposition
Lisa Rosengard
3 -1In the wake of proceedings undermined by opposition,
ormiston
3 -2after opposing prosecution
Juan Arturo Blackmore Zerón


Discussion entries: 1





  

Answers


2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
After (first) proceedings were halted...


Explanation:
... fairly straightforward, I think. Although slightly strange phrasing: why don't they say "... ouvert une nouvelle action contre B.".

Some more context would (as usual) be helpful.

Mpoma
United Kingdom
Local time: 06:12
Specializes in field
Native speaker of: English
PRO pts in category: 70
Notes to answerer
Asker: This sounds quite close but i am still not sure.


Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: mmm.... not sure; doesn't it mean "contested"?
2 hrs
neutral  ph-b (X): "halted" = frappées d'opposition ?
2 hrs
disagree  Daryo: "halted" yes, but you need to be more precise about how/why and by who
1 day 7 hrs
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7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -2
After some continued efforts struck by opposition


Explanation:
Après des poursuites frappées d'opposition, A a ouvert une action contre B.

After several continued efforts (pursuits) struck by opposition, A has initiated an action (charge or lawsuit) against B.

Lisa Rosengard
United Kingdom
Local time: 06:12
Native speaker of: English
Notes to answerer
Asker: Do you think EFFORT here translates POURSUITES?


Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: "struck by opposition"? Really, in English?
24 mins
disagree  Daryo: you CAN NOT translate legalese by trying to guess the meaning of legal terms from what the same terms mean in the non-specialised/general language - not in a century of Sundays.
1 day 2 hrs
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7 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -2
after opposing prosecution


Explanation:
https://www.ijmonitor.org/2019/04/prosecution-victims-lawyer...

Juan Arturo Blackmore Zerón
Mexico
Local time: 00:12
Works in field
Native speaker of: Spanish
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: This is a civil, not criminal, case and your reference doesn't support your suggestion in any way
20 mins
disagree  Daryo: point of method: there is this thing called "context" - no point arbitrarily picking one of the possible meanings if it makes no sense for the specific text.
1 day 3 hrs
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1 day 3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
After proceedings had been stopped (AmE civ. & crim.: nolle prosequied)


Explanation:
stopped and not halted, namely by an adjournment.

Après des poursuites frappées d'opposition, A. a ouvert action contre B: after the proceedings ahd been dismissed (by entry of a nolle prosequi), A. issued proceedings against B. Mpoma's point of une nouvelle action: there wasn't a choate one in the first place.

Likely scenarios are (BrE) dismissal by the court, unilateral discontinuance or ultimate termination of the action or (AmE) nolle prosequi that can be used as a verb, both in civil and criminal proceedings.

Thus, the Attorney-General of E&W, often controversially, can enter a nolle prosequi e.g. to stop a private *criminal* prosecution by perceptibly aggrieved citizens.



Example sentence(s):
  • US: The term nolle prosequi is used in reference to a formal entry upon the record made by a plaintiff in a civil lawsuit or a prosecutor in a criminal action in which that individual declares that he or she wishes to discontinue the action..
  • US: Cf. dismissals are sometimes "with prejudice." A dismissal with prejudice means the prosecution can’t ever re-file charges; a dismissal without it means the opposite.

    Reference: http://iate.europa.eu/search/standard/result/1588332898716/1
    Reference: http://eng.proz.com/kudoz/french-to-english/law-general/4062...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 359
Grading comment
Thanks, the follow up research helped me.
Notes to answerer
Asker: Thanks, the follow up research helped me.

Login to enter a peer comment (or grade)

1 day 4 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
In the wake of proceedings undermined by opposition,


Explanation:
A possible way to express this?

ormiston
Local time: 07:12
Native speaker of: English
PRO pts in category: 20

Peer comments on this answer (and responses from the answerer)
disagree  Daryo: no
5 hrs
  -> Asker has mentioned 'conduct'
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