加载中…Joinder的理解
(2017-05-12 07:13:47)
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Joinder的理解
何季明
2017年5月12日
Joinder的定义：
In law, a joinder is the joining of two
or more legal issues together. Procedurally, a joinder allows
multiple issues to be heard in one hearing or trial and is done
when the issues or parties involved overlap sufficiently to make
the process more efficient or more fair. It helps courts avoid
hearing the same facts multiple times or seeing the same parties
return to court separately for each of their legal disputes. The
term is also used in the realm of contracts to describe the joining
of new parties to an existing agreement.
（这个术语也用在合约类事务中，描述新当事人加入某现有协议中）
In personal injury and other civil cases,
“joinder” is the name given to the process by which extra
plaintiffs, defendants, or claims are added to a case after a
complaint is filed. Joinders are often separated by type. A joinder
may be a “party joinder,” which adds a third party as a plaintiff
or defendant in the case, or it may be a “claim joinder,” which
adds to the number of issues that need to be resolved by the court.
In addition, a joinder may be “permissive,” or up to the judge‘s
discretion, or it may be “compulsory,” or required in order for the
case to continue.
Although the traditional view of a
lawsuit is of one injured plaintiff suing one defendant, the fact
is that many cases involve multiple issues and multiple parties.
For instance, suppose that while a plaintiff is at work, using a
crane to hoist steel, the crane’s hook breaks and the steel falls,
injuring the plaintiff. In this case, the plaintiff may have
workers’ compensation issues that will require him to confront his
employer and/or his employer’s workers’ compensation insurer in
court. He may also have a claim for product liability against the
crane maker if the hook that broke was defective. If this injured
plaintiff could only bring a case against one defendant at a time,
he would have to go to trial multiple times, each time proving the
same facts – what happened in his accident – in each case. Joinder
makes it possible to address several related issues at once, saving
time, money, and effort.（本段中举了例子）
翻译试译
从上述定义看，似乎可以将joinder翻译成“合并”，下面从翻译实例中看下是否适合。
以下是一段翻译试译：
1. Joinder of causes of action 诉因合并
(1) Subject to rule 5(1), a plaintiff may in one action claim
relief against the same defendant in respect of more than one cause
of action-
除第5(1)条规则另有规定外，在下列情形下，原告可在同一宗诉讼中，就一项以上的诉因针对同一名被告主张救济：
(a) 若原告人以同一身分就所有該等訴訟因由提出申索，而被告人則被指稱須以同一身分就所有該等訴訟因由負法律責任，或
原告以同一身份就所有诉因提出主张，而被告则被控须以同一身份就所有此等诉因承担法律责任；或
(b) if the plaintiff claims or the defendant is alleged to be
liable in the capacity of executor or administrator of an estate in
respect of one or more of the causes of action and in his personal
capacity but with reference to the same estate in respect of all
the others, or
原告以某项遗产的遗嘱执行人或遗产管理人的身份就一项或多项诉因提出主张，或被告被控须以某项遗产的遗嘱执行人或遗产管理人的身份就一项或多项诉因承担法律责任；而此等诉因是关于同一项遗产的，并就此等诉因而言，原告是以个人身份提出主张，或被告被控须以其个人身份承担法律责任；或
(c) with the leave of the Court. 已获法院许可。
以上列举了joinder的定义以及一段关于含有joinder的文字翻译。最近有份协议标题中出现了“NON-JOINDER
FORM”的字样，一时不知如何下手，暂时先试下“不合并版本”的译法了。
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