This question was closed without grading. Reason: Answer found elsewhere
Apr 27, 2011 16:26
13 yrs ago
16 viewers *
French term
United States
action de groupe vs. actions collectives vs. action en représentation conjointe
French to English
Law/Patents
Government / Politics
EU consultation on class actions
> Même s’il n’existe pas d’action de groupe en France, il existe d’autres formes d’actions collectives (notamment l’action en représentation conjointe) et de règlement des litiges individuels (règlement européen (CE) 861/2007).
Wow, how many different ways can you say "class action"? There must be differences among them, but my references are not giving me any help. Can you?
Wow, how many different ways can you say "class action"? There must be differences among them, but my references are not giving me any help. Can you?
Proposed translations
(English)
| 4 +1 | class action, collective action, jointly represented action |
philgoddard
|
| 1 | mass action, class action, joined action |
joehlindsay
|
Proposed translations
+1
2 mins
philgoddard
United States
United States
Native in English
United States
Six languages into flawless English
Native in: English
Works in: German to English, French to English, Spanish to English, and 4 more.
Related KudoZ points
:
42
class action, collective action, jointly represented action
A literal translation works perfectly well.
Peer comment(s):
| agree |
Michel F. Morin
: Yes, but maybe "joint action" better than "jointly represented action". Your opinion ?
1 hr
|
| neutral |
joehlindsay
: I don't think you can just use a literal translation because the terms "class action lawsuit", "mass action lawsuit", "joined action lawsuit", "consolidated lawsuit" are specifically, legally defined so you can't just use some thing that sounds like it.
3 hrs
|
54 mins
mass action, class action, joined action
Since no one with more experience in law has answered, I'll give it a stab:
action de groupe=mass action (pure guess)
action collective = class action (I'm pretty confident on this one, my Dalloz Dictionnaire juridique has (Américain) 'recours collectif en justice' as 'class action')
action en représentation conjointe = joined action
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Note added at 55 mins (2011-04-27 17:22:08 GMT)
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You might search the key word "joinder".
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Note added at 57 mins (2011-04-27 17:24:27 GMT)
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Also, class actions must be certified (not that easy), but joined suits only need a joinder.
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Note added at 3 hrs (2011-04-27 19:30:55 GMT)
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re: mass action
The following explains the difference between mass action and class action:
"In a class action, the plaintiff seeks court approval to litigate on behalf of a group of similarly‑situated persons. Not every plaintiff looks for, or could obtain, such approval. As a procedural alternative, plaintiff's counsel may attempt to sign up every similarly‑situated person that counsel can find as a client. Plaintiff's counsel can then join the claims of all of these persons in one complaint, a so‑called "mass action," hoping to have the same efficiencies and economic leverage as if a class had been certified."
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Note added at 3 hrs (2011-04-27 19:42:42 GMT)
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It might also be the case, that since these are essentially US types of lawsuits that the European Union is also considering adopting, that there may not even be accepted translations in French yet.
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Note added at 3 hrs (2011-04-27 19:46:20 GMT)
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As I noted above, I'm fairly certain that "action collective" is the accepted term for the US 'class action lawsuit', not 'action de groupe'.
--------------------------------------------------
Note added at 3 hrs (2011-04-27 19:49:20 GMT)
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"Mass action" lawsuits are also called "mass tort".
--------------------------------------------------
Note added at 3 hrs (2011-04-27 19:53:47 GMT)
--------------------------------------------------
And I posted this in discussion before I answered:
""Thus, there is nothing paradoxical about a
savings clause that applies only when each of the 50 or more parties are named. SLUSA’s definition of “covered class action” defines a “class” broadly to preclude multi-party actions generally; the definition includes a single lawsuit on behalf of 50 or more persons (more commonly referred to as a “mass action”), and any group of consolidated or joined lawsuits on behalf of 50 or more persons."
Thus, it looks like a workable definition of "mass action lawsuit" is a joined or consolidated lawsuit with 50 or more claimants.
--------------------------------------------------
Note added at 3 hrs (2011-04-27 20:06:11 GMT)
--------------------------------------------------
And, I guess I should move this down here:
I don't know how these sort out, but for example, in Texas where I live, court cases can be what is called "joined", which is distinct from "class action". I think this is the same for other states, but do not know any thing about other countries.
My understanding of the difference is, that joined means the facts pertaining to more than one party are similar enough that for practicality they can be heard together in one suit, but the ruling is only valid for parties to the lawsuit, where in a class action, the ruling applies to any one identified as in a certain defined class. That may be what they are referring to here.
The more I research this, the more I am convinced that the terms I submitted are correct and I would raise the confidence level to about 4.
Any American lawyer will recognize the terms "joined" or "consolidated", "class action" and "mass (tort) action), and you can find definitions if you google them. However, "collective action", and "jointly represented action" are not terms that will be correctly understood because they have no legal definition.
I have never heard the term "jointly represented action" and the only google hit it gets links to this, and collective action is likewise not used as a term in law as far I as I know.
--------------------------------------------------
Note added at 4 hrs (2011-04-27 21:01:56 GMT)
--------------------------------------------------
Whoops. It looks like they're just using "collectif" literally rather than part of the term for 'class action'.
Since there is no class action in France, and these concepts are tricky even in one's own language, I think the author is trying to say:
"Although there is no class action in France (but possibly misused the term 'action de groupe' to mean 'class action') there are collective actions (specifically action en representation conjointe (leave this in French because it is a specifically defined legal concept in France, and maybe put "joined or consolidated" in parentheses after it.) and rulings in individual disputes."
I think you would have to ask the author if he meant 'class action', and just use joined or consolidated, because 'mass action' is just consolidated or joined with more than 50 claimants.
--------------------------------------------------
Note added at 1 day1 hr (2011-04-28 17:40:46 GMT)
--------------------------------------------------
I agree with the comments of Mike Cassady in discussion: since these terms are specific to different legal systems, they may or may not have exact equivalents, so where the term is specific, so I would leave it in French with an English explanation like "(a French form of lawsuit with several claimants/plaintiffs, or joined'consolidated, mass, etc.) in parentheses afterward.
action de groupe=mass action (pure guess)
action collective = class action (I'm pretty confident on this one, my Dalloz Dictionnaire juridique has (Américain) 'recours collectif en justice' as 'class action')
action en représentation conjointe = joined action
--------------------------------------------------
Note added at 55 mins (2011-04-27 17:22:08 GMT)
--------------------------------------------------
You might search the key word "joinder".
--------------------------------------------------
Note added at 57 mins (2011-04-27 17:24:27 GMT)
--------------------------------------------------
Also, class actions must be certified (not that easy), but joined suits only need a joinder.
--------------------------------------------------
Note added at 3 hrs (2011-04-27 19:30:55 GMT)
--------------------------------------------------
re: mass action
The following explains the difference between mass action and class action:
"In a class action, the plaintiff seeks court approval to litigate on behalf of a group of similarly‑situated persons. Not every plaintiff looks for, or could obtain, such approval. As a procedural alternative, plaintiff's counsel may attempt to sign up every similarly‑situated person that counsel can find as a client. Plaintiff's counsel can then join the claims of all of these persons in one complaint, a so‑called "mass action," hoping to have the same efficiencies and economic leverage as if a class had been certified."
--------------------------------------------------
Note added at 3 hrs (2011-04-27 19:42:42 GMT)
--------------------------------------------------
It might also be the case, that since these are essentially US types of lawsuits that the European Union is also considering adopting, that there may not even be accepted translations in French yet.
--------------------------------------------------
Note added at 3 hrs (2011-04-27 19:46:20 GMT)
--------------------------------------------------
As I noted above, I'm fairly certain that "action collective" is the accepted term for the US 'class action lawsuit', not 'action de groupe'.
--------------------------------------------------
Note added at 3 hrs (2011-04-27 19:49:20 GMT)
--------------------------------------------------
"Mass action" lawsuits are also called "mass tort".
--------------------------------------------------
Note added at 3 hrs (2011-04-27 19:53:47 GMT)
--------------------------------------------------
And I posted this in discussion before I answered:
""Thus, there is nothing paradoxical about a
savings clause that applies only when each of the 50 or more parties are named. SLUSA’s definition of “covered class action” defines a “class” broadly to preclude multi-party actions generally; the definition includes a single lawsuit on behalf of 50 or more persons (more commonly referred to as a “mass action”), and any group of consolidated or joined lawsuits on behalf of 50 or more persons."
Thus, it looks like a workable definition of "mass action lawsuit" is a joined or consolidated lawsuit with 50 or more claimants.
--------------------------------------------------
Note added at 3 hrs (2011-04-27 20:06:11 GMT)
--------------------------------------------------
And, I guess I should move this down here:
I don't know how these sort out, but for example, in Texas where I live, court cases can be what is called "joined", which is distinct from "class action". I think this is the same for other states, but do not know any thing about other countries.
My understanding of the difference is, that joined means the facts pertaining to more than one party are similar enough that for practicality they can be heard together in one suit, but the ruling is only valid for parties to the lawsuit, where in a class action, the ruling applies to any one identified as in a certain defined class. That may be what they are referring to here.
The more I research this, the more I am convinced that the terms I submitted are correct and I would raise the confidence level to about 4.
Any American lawyer will recognize the terms "joined" or "consolidated", "class action" and "mass (tort) action), and you can find definitions if you google them. However, "collective action", and "jointly represented action" are not terms that will be correctly understood because they have no legal definition.
I have never heard the term "jointly represented action" and the only google hit it gets links to this, and collective action is likewise not used as a term in law as far I as I know.
--------------------------------------------------
Note added at 4 hrs (2011-04-27 21:01:56 GMT)
--------------------------------------------------
Whoops. It looks like they're just using "collectif" literally rather than part of the term for 'class action'.
Since there is no class action in France, and these concepts are tricky even in one's own language, I think the author is trying to say:
"Although there is no class action in France (but possibly misused the term 'action de groupe' to mean 'class action') there are collective actions (specifically action en representation conjointe (leave this in French because it is a specifically defined legal concept in France, and maybe put "joined or consolidated" in parentheses after it.) and rulings in individual disputes."
I think you would have to ask the author if he meant 'class action', and just use joined or consolidated, because 'mass action' is just consolidated or joined with more than 50 claimants.
--------------------------------------------------
Note added at 1 day1 hr (2011-04-28 17:40:46 GMT)
--------------------------------------------------
I agree with the comments of Mike Cassady in discussion: since these terms are specific to different legal systems, they may or may not have exact equivalents, so where the term is specific, so I would leave it in French with an English explanation like "(a French form of lawsuit with several claimants/plaintiffs, or joined'consolidated, mass, etc.) in parentheses afterward.
Peer comment(s):
| neutral |
B D Finch
: Mass action sounds like the opposition to the Governor of Wisconsin!
1 hr
|
|
I will post an explanation of the difference between 'mass action' and 'class action' above.
|
Discussion
"Thus, there is nothing paradoxical about a
savings clause that applies only when each of the 50 or more parties are named. SLUSA’s definition of “covered class action” defines a “class” broadly to preclude multi-party actions generally; the definition includes a single lawsuit on behalf of 50 or more persons (more commonly referred to as a “mass action”), and any group of consolidated or joined lawsuits on behalf of 50 or more persons."
This is at:
skadden.com/newsletters/DEMINGS.pdf
Not being a lawyer I couldn't guess with confidence. If no one comes up with an answer, I would call the info librarian at your local law school, or research in Black's Law Dictionary.
My understanding of the difference is, that joined means the facts pertaining to more than one party are similar enough that for practicality they can be heard together in one suit, but the ruling is only valid for parties to the lawsuit, where in a class action, the ruling applies to any one identified as in a certain defined class. That may be what they are referring to here.