Jan 30, 2008 10:08
16 yrs ago
Chinese term

同一案由同一事实

Chinese to English Law/Patents Law (general)
Zhang Guangli has repeatedly tried to sue his employer in a work-related injury compensation case. The court dismisses his suit as follows:

鞍山市铁东区法院作出(2005)东民一初字第452号民事裁定书,驳回张广利的诉讼请求,认为不应就同一案由同一事实起诉。

What does 不应就同一案由同一事实起诉 mean here? Unfortunately, this is a stand-alone sentence without much context.

Proposed translations

+3
14 mins
Selected

the same cause of action and the same fact

I think they are parallel and there is a "与“ missing here.
Peer comment(s):

agree Yongmei Liu : (cannot be refiled on) the same causes of action and the same set of facts
43 mins
thanks!
agree Wenjer Leuschel (X) : Right. The action means the legal action.
1 hr
thanks!
agree chica nueva : 案由 = the main points (or a brief summary) of a case; brief 案件的内容提要/ 就 = (prep) on, regarding 就同一案由就同一事实/不应起诉 should not bring a suit (or an action)
10 hrs
thanks!
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4 KudoZ points awarded for this answer. Comment: "Thank you LoyalTrans!"
4 hrs

same case and the same incident

案 should go with case I feel, and this is just an alternate translation
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