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unter Bemühung von Beweismitteln

English translation: citing tenuous evidence

10:40 May 26, 2020
German to English translations [PRO]
Law/Patents - Law (general)
German term or phrase: unter Bemühung von Beweismitteln
This is in a court's critical assessment of a convicted defendant's arguments in his application for a retrial:

"Zur Begründung des Wiederaufnahmeantrages behauptete der Antragsteller - jeweils *unter Bemühung* von Beweismitteln - dass folgende Tatsachen neu seien:"

I can't find anything convincing apart from the normal meaning of effort, endeavour, but it does not fit here.
The only thing I can think of is that this means "testing / examination of evidence"
Elizabeth Niklewska
United Kingdom
Local time: 11:36
English translation:citing tenuous evidence
Explanation:
Since the asker has now clarified the consistently dismissive tone of the text:

"The court is unlikely to accept such tenuous evidence."
https://dictionary.cambridge.org/de/worterbuch/learner-engli...
Selected response from:

Chris Pr
United Kingdom
Local time: 11:36
Grading comment
Thanks - this fits!
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +3providing evidence
Thomas Pfann
4by furnishing evidence
Peter Lautz
4citing tenuous evidence
Chris Pr
3 +1filing additional evidence
Michael Martin, MA
4straining to adduce (bring forth) evidence; 'clutching at evidentiary straws'
Adrian MM.
3processing/investigating (new) evidence
Ramey Rieger


  

Answers


28 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
processing/investigating (new) evidence


Explanation:
It seems they are combing the evidence for new grounds for indictment OR have new evidence to justify reopening the case.

Ramey Rieger
Germany
Local time: 12:36
Native speaker of: Native in EnglishEnglish
PRO pts in category: 55
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +3
providing evidence


Explanation:
unter Bemühung von = mit Hilfe von/unter Heranziehung von

The Antragsteller provided/cited evidence for each of the Tatsachen he claims to be new.

Thomas Pfann
United Kingdom
Local time: 11:36
Native speaker of: Native in GermanGerman
PRO pts in category: 8

Peer comments on this answer (and responses from the answerer)
agree  Birgit Gläser
32 mins

agree  philgoddard
49 mins

agree  TonyTK
17 hrs
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
filing additional evidence


Explanation:
While filing additional evidence in support of his petition for reopening the case, the petitioner asserted the following new facts:

Michael Martin, MA
United States
Local time: 06:36
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 344

Peer comments on this answer (and responses from the answerer)
agree  Birgit Gläser
29 mins
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
straining to adduce (bring forth) evidence; 'clutching at evidentiary straws'


Explanation:
I'm pretty sure that the judge - by using the reported speech of subjunctive with dass folgende Tatsachen *neu seien* - is being sarcastic and sardonic (like some people we know). to wit Bemühung is used euphemistically for a tentative and/ or doomed stab to 'come up with' convincing appeal.

It is a bit surprising that no one else seems to think the same.

Pls. note that 'bring forth' evidence is used in Anglo-Irish evidentiary / evidential practice at the Bar and on the Bench.


Example sentence(s):
  • To display, produce, bring out for display. Against all expectations, the accused managed to bring forth convincing evidence of his innocence.

    Reference: http://www.wortbedeutung.info/Bemühung/
    Reference: http://www.yourdictionary.com/bring-forth
Adrian MM.
United Kingdom
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 66
Notes to answerer
Asker: I think you are onto something actually. The court is comprehensively criticising the applicant's approach to adducing evidence or "stretching" evidence

Asker: I meant to add - throughout this document


Peer comments on this answer (and responses from the answerer)
neutral  Chris Pr: It's not considered 'good form' for other answerers to issue disagrees....//Nope, I picked up on Elizabeth's asker comment that my suggestions were 'too positive'...//Plus. your entries are anyway too long-winded... :)
1 hr
  -> I agree - and see you have picked up on my tentative idea with tenuous.// Too long-winded: problem is I don't know how much pre-existing knowledge or ignorance of the ENG law or German rules on evidence ('Beweisfreiheit') to assume.

agree  AllegroTrans: judge is clearly using critical tone here and I amazed at others thinking a formal register is needed//well, judges certainly use colloquialisms cf. Denning
1 hr
  -> Thanks, AT. I had been inclined to post 'scratching and scraping around for evidence' but, paradoxically, had been fearful of a colloquialism backlash from your good(-)self inter alia. (Strange that only fellow-Brits are with me on this one).

disagree  Michael Martin, MA: See my comment to Chris' entry. We can't read our interpretations into the text, if the language doesn't support that
1 day 23 hrs
  -> I in fact utterly agree with your comment on Chris Pr's answer and am delighted that you are disagreeing with my answer for , hum, her sake.
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14 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
citing tenuous evidence


Explanation:
Since the asker has now clarified the consistently dismissive tone of the text:

"The court is unlikely to accept such tenuous evidence."
https://dictionary.cambridge.org/de/worterbuch/learner-engli...


Chris Pr
United Kingdom
Local time: 11:36
Native speaker of: Native in EnglishEnglish
PRO pts in category: 24
Grading comment
Thanks - this fits!

Peer comments on this answer (and responses from the answerer)
agree  Rhys Mudie
26 mins

disagree  Michael Martin, MA: No. "Unter Bemühung von" is a fixed expression. Has nothing to do with the evidence being "tenuous"//To be fair, "citing evidence" would have been okay, but 'tenuous' screwed it all up.
1 day 10 hrs
  -> Then you'd need to disagree with Adrian MM also on that basis...which you would never do, of course...//You've clearly missed the asker's mention of a dismissive, critical tone...see her comment re Adrian MM's answer...
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13 days   confidence: Answerer confidence 4/5Answerer confidence 4/5
by furnishing evidence


Explanation:
by furnishing evidence oder -wie schon vorgeschlagen- providing evidence.
Im Wiederaufnahmeverfahren <b >muss</b > der Antragsteller (neue) Beweismittel benennen; die Formulierung "Bemühung" ist hier also nicht abwertend zu verstehen.

Peter Lautz
Germany
Native speaker of: Native in GermanGerman
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