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Jurisdiction

English translation: (I) jurisdiction (II) administration of justice, legal precedents, judicial decisions, court rulings

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Rechtsprechung
English translation:(I) jurisdiction (II) administration of justice, legal precedents, judicial decisions, court rulings
Entered by: Chris Rowson
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13:33 Mar 3, 2002
German to English translations [PRO]
Law/Patents
German term or phrase: Jurisdiction
I know the common meaning, the scope of a court, but is there another, something like "case law", or perhaps "established law"?

The question is partly in order to translate the German word "Rechtsprechung", which has the sense "case law", but I wonder whether "jurisdiction" is also correct, in a formal context.
Chris Rowson
Local time: 17:51
Precedents, in the form of judgments etc
Explanation:
Chris,
I agree that the parallel is seductive but (sadly)wrong.

For your sentence
"Die Rechtsprechung der Gerichte I. und II. Instanz ist in diesem komplexen Bereich schwieriger tatsächlicher und rechtlicher Fragestellungen (noch) einheitlich. Einige Beispiele sollen dies verdeutlichen..."

I suggest
"Precedents, in the form of judgments/rulings issued by the such-and-such courts..."

Elsewhere you can use case-law (which seems to cover some of your needs). But of course, your text may also require jurisdiction and/or jurisprudence in other passages.

HTH!
Selected response from:

John Kinory
Local time: 16:51
Grading comment
Thanks again to the many who have been helpful with this. The answer to my principal question is now clear: no, jurisdiction does not have the case law sense. To translate "Die Rechtsprechung ist ... (noch) nicht einheitlich", I will probably choose "the administration of justice ...", since then I can have "... is (still) not uniform", which doesn´t work so well with the otherwise useful "decisions", "precedents" and "rulings".
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +1"case law" and "jurisdiction" different conceptskeiva
5 +1All of these are possibleJohn Kinory
5No, jursidiction is not "case law"
Dr. Fred Thomson
5Merriam Webster's about "jurisdiction"
Olga Simon
4court rulingswrtransco
4Precedents, in the form of judgments etcJohn Kinory
4 -1jurisdiction
Steven Geller
4 -2jurisdiction
Kathi Stock
4 -3jurisprudence not jurisdiction
Marian Greenfield


Discussion entries: 3





  

Answers


6 mins   confidence: Answerer confidence 5/5
Merriam Webster's about "jurisdiction"


Explanation:
This is what Merriam Webster's Dictionary says about jurisdiction:

Main Entry: ju·ris·dic·tion
Pronunciation: "jur-&s-'dik-sh&n
Function: noun
Etymology: Middle English jurisdiccioun, from Middle French & Latin; Middle French juridiction, from Latin jurisdiction-, jurisdictio, from juris + diction-, dictio act of saying -- more at DICTION
Date: 14th century
1 : the power, right, or authority to interpret and apply the law

2 a : the authority of a sovereign power to govern or legislate b : the power or right to exercise authority : CONTROL

3 : the limits or territory within which authority may be exercised
synonym see POWER


Olga Simon
Hungary
Local time: 17:51
Native speaker of: Native in RussianRussian

Peer comments on this answer (and responses from the answerer)
neutral  John Kinory: How does that answer the question asked?
2 hrs
  -> The above gives all possible meanings of the word "jurisdiction" and the "case law" meaning is not there. I thought the answer is obvious - if not then I repeat - these notions are different.
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8 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -3
jurisprudence not jurisdiction


Explanation:
I believe you are thinking of jurisprudence, not jurisdiction. Jurisprudence refers to case law.



Marian Greenfield
Local time: 11:51
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
disagree  Steven Geller: Rechtsprechung means "jurisdiction" - not jurisprudence.
47 mins
  -> Ahh Steven, the monolingual question was about jurisdiction and case law, and case law is jurisprudence, not jurisdiction. I don't claim to have a clue about the German!!!!

disagree  John Kinory: Jurisprudence is not case law but a system or body of philosophy of law.
1 hr

disagree  wrtransco: it is neither nor
15 hrs
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54 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
jurisdiction


Explanation:
Rechtsprechung means "jurisdiction" - there is no other meaning.

Databases and Internet Resources on the Legislation and ... - ... 2.1.2 juris Rechtsprechung (jurisdiction). ... 2.2.2 juris CD-ROM Rechtsprechung des
BGH premium (Jurisdiction of the Federal Supreme Court of Justice premium). ...
www.ib.hu-berlin.de/~mbank/study4.htm

Steven Geller
Local time: 17:51

Peer comments on this answer (and responses from the answerer)
disagree  John Kinory: Not acc. to Collins - see below
1 hr
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -2
jurisdiction


Explanation:
..is what court is chosen for the case of legal proceedings while Rechtssprechung means case-law

Kathi Stock
United States
Local time: 10:51
Native speaker of: Native in GermanGerman
PRO pts in pair: 789

Peer comments on this answer (and responses from the answerer)
neutral  Kim Metzger: The power to make legal decisions,location where legal auhoritiy extends, a system of law courts
10 mins

disagree  John Kinory: Rechtssprechung can mean case-law, jurisdiction or jurisprudence, depending on context
1 hr

disagree  Dr. Fred Thomson: It is not what court is chosen, but what court has the power to hear certain caes.
7 hrs
  -> Parties can agree to jurisdiction in agreements though
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2 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
All of these are possible


Explanation:
Acc. to Collins, rechtssprechung can mean
The administration of justice
Jurisdiction (authority)
Case-law (precedents)


--------------------------------------------------
Note added at 2002-03-03 15:47:53 (GMT)
--------------------------------------------------

My comment on Kathi is slightly inaccurate - for \'jurisprudence\' read \'Administration of justice\'

--------------------------------------------------
Note added at 2002-03-04 00:16:57 (GMT)
--------------------------------------------------

To clarify, if necessary:
The 3 concepts listed above (and indeed, jurisprudence, which is not covered by Rechtssprechung: rather, it\'s Rechtswissenschaft, Jurisprudenz) are all distinct.

See my other reply below, as well.

John Kinory
Local time: 16:51
PRO pts in pair: 290

Peer comments on this answer (and responses from the answerer)
agree  Barbara Schulten, MSc (OXON), DPSI
4 hrs
  -> Thanks!

neutral  Tatiana Neroni: Case law is case law, and jurisdiction is jurisdiction, they are different things.
6 hrs
  -> Quite. I don't believe I ever suggested otherwise
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2 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
"case law" and "jurisdiction" different concepts


Explanation:
In US law:

"Case law" is body of court decision, as distinguished from other sources of law, particular the enactments of legistlative bodies (statutes; ordinances).

"Jurisdiction" covers over a page of Black's Law Dictionary (not on line) and, to summarize, means the scope of a particularly court's authority. Typical limits on that scope are: (1) geographic: a court of one state cannot decided a disprute arising elsewhere, with events and parties unconnected to that state. (2) subject: some courts, such as Tax Court, are empoweered to hear only disputes on specified subjects. (3) federal: federal courts have power only for certain types of cases, principally (a) those involving questions of federal law or (b) disputes between residents of different states.

If your inquiry is particularized to "patents", further detail may be possible.


    Reference: http://dictionary.lp.findlaw.com/
    Reference: http://www.duhaime.org/diction.htm
keiva

Peer comments on this answer (and responses from the answerer)
agree  Tatiana Neroni: Fully agree.
5 hrs
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8 hrs   confidence: Answerer confidence 5/5
No, jursidiction is not "case law"


Explanation:
It is also not "established law."

"Rechtsprechung" on the other hand can be either of these.

For your sentence you use:
"Decisions that have come down from . ."
or: "Case law from . ."
Prof Exp: 20 yrs as a lawyer; 21 yrs as a translator

Dr. Fred Thomson
United States
Local time: 09:51
Native speaker of: English
PRO pts in pair: 5861
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10 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Precedents, in the form of judgments etc


Explanation:
Chris,
I agree that the parallel is seductive but (sadly)wrong.

For your sentence
"Die Rechtsprechung der Gerichte I. und II. Instanz ist in diesem komplexen Bereich schwieriger tatsächlicher und rechtlicher Fragestellungen (noch) einheitlich. Einige Beispiele sollen dies verdeutlichen..."

I suggest
"Precedents, in the form of judgments/rulings issued by the such-and-such courts..."

Elsewhere you can use case-law (which seems to cover some of your needs). But of course, your text may also require jurisdiction and/or jurisprudence in other passages.

HTH!

John Kinory
Local time: 16:51
PRO pts in pair: 290
Grading comment
Thanks again to the many who have been helpful with this. The answer to my principal question is now clear: no, jurisdiction does not have the case law sense. To translate "Die Rechtsprechung ist ... (noch) nicht einheitlich", I will probably choose "the administration of justice ...", since then I can have "... is (still) not uniform", which doesn´t work so well with the otherwise useful "decisions", "precedents" and "rulings".
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12 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
court rulings


Explanation:
may fit your context.

I am sure, you are aware of the differences between "Common Law" and "Civil Law". Therefore, I would be careful with "case law"... I know, you said "something like".

Dietl: Der Begriff "jurisdiction" umfasst sowohl die Gerichtsbarkeit als auch die Zuständigkeit, die im dt. Schrifttum überwiegend unterschieden werden.

Rechtsprechung (also Dietl): administration of justice; (Gerichtsbarkeit) jurisdiction; (Rechtsspruch) adjudication; (Gerichtsentscheidungen) judicial decisions, court rulings; (Vorentscheidungen) legal precedent(s)

Now, take your pick! :-)



wrtransco
Local time: 11:51
Native speaker of: Native in GermanGerman
PRO pts in pair: 236
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