Glossary entry (derived from question below)
German term or phrase:
Einrede der Rechtskraft
English translation:
defence of res judicata
Added to glossary by
Dr. Fred Thomson
Jul 21, 2004 07:41
20 yrs ago
5 viewers *
German term
Einrede der Rechtskraft
German to English
Law/Patents
Law (general)
Unter Zugrundelegung deutschen Rechts ist Voraussetzung für die erfolgreiche Erhebung der Einrede der Rechtskraft u.a. dass....
From a legal opinion comparing the differing implications of US and German law for a particular case.
As I understand it, die Einrede der Rechtskraft is res iudicata, but does it make sense to use the Latin term to describe German law when the Germans don't use it themselves?
From a legal opinion comparing the differing implications of US and German law for a particular case.
As I understand it, die Einrede der Rechtskraft is res iudicata, but does it make sense to use the Latin term to describe German law when the Germans don't use it themselves?
Proposed translations
(English)
| 5 | the prerequisite for successfully asserting res judicata is xxxx |
Dr. Fred Thomson
|
| 5 +2 | plea of res judicata |
Ingrid Blank
|
| 4 | plea of former adjudication |
conny
|
Proposed translations
5 hrs
Dr. Fred Thomson
United States
United States
Native in English
Specializes in field
United States
A lawyer, technician, nuclear power optr
Native in: English
Works in: German to English
Related KudoZ points
:
608
Selected
the prerequisite for successfully asserting res judicata is xxxx
Einrede der Rechtskraft means the "defence of res judicata" or "res judicata as a defence." However, you can't always phrase it just that way. Sometimes it's best to leave out the "defence" part.
If res judicate is successfully raised, the case is over and will be dismissed by the judge.
It doesn't matter whether Germans use the phrase. The point is that we use it and it means exactly waht Rechtskraft means.
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Note added at 5 hrs 30 mins (2004-07-21 13:12:23 GMT)
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When an action is filed the defendant may raise certain defences to the allegations. One of these defences is that the matter has already been decided by the courts. If true, there is no need to decide it again. Res means thing and adjudicata means \"has been adjudicated.\"
If res judicate is successfully raised, the case is over and will be dismissed by the judge.
It doesn't matter whether Germans use the phrase. The point is that we use it and it means exactly waht Rechtskraft means.
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Note added at 5 hrs 30 mins (2004-07-21 13:12:23 GMT)
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When an action is filed the defendant may raise certain defences to the allegations. One of these defences is that the matter has already been decided by the courts. If true, there is no need to decide it again. Res means thing and adjudicata means \"has been adjudicated.\"
4 KudoZ points awarded for this answer.
Comment: "Thank you (to everyone, as all answers were helpful)"
+2
19 mins
plea of res judicata
the matter has already been decided, settled, a matter abjudged
Peer comment(s):
| agree |
Ann C Sherwin
: Bryan Garner's Dict. of Modern Legal Usage explains usage, says it takes "of" or "to" and is usually used as a predicate adjective in the U.S., e.g.: "A judgment is not res judicata [in italics] as to..."
2 hrs
|
| agree |
KirstyMacC (X)
: Also breaks down in the law of evidence into 1. (spec.) issue estoppel and 2. (gen.) cause-of-action estoppel (BE)
10 hrs
|
1 hr
plea of former adjudication
so läßt sich der lat. Ausdruck vermeiden
Reference:
Discussion