für Recht erkannt:

English translation: enforce or find

13:38 Jan 31, 2003

German to English translations [PRO]
Law/Patents

German term or phrase: für Recht erkannt:

This phrase appears quite regularly in German legal decisions. Is there a standard EN rendering of it?

Thanks very much!

Harold

Vadney (X)

English translation:enforce or find

Explanation:
As in, 'the court enforced Plaintiff's claims' or 'the court found for the Plaintiff.'
Die Ansprüche der Klägerin wurden bzw. werden für Recht erklärt.

A court makes findings of law and fact. Thus, it may say, "After examining the legislative history of Art. XYZ, the Court finds that the lawmakers' intent was to confine its application to persons who had reached the age of majority or those emancipated through marriage. Based on the testimony of AB and on undisputed documentary evidence, particuarly C, D, and E, the Court finds that at all relevant times herein, AB was a minor."

In its opinion, the court may simply say, "the court agrees" (and conversely, "the court cannot agree") after a recitation of the facts and respective arguments as presented by one party or the other.

A court always 'adjudges,' so I respectfully suggest that this is adequate to indicate how the court ruled, except, say, in the phrase, "John Jones was adjudged incompetent to stand trial."

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Note added at 2003-01-31 14:24:38 (GMT)
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\"adequate\" should be \"NOT adequate\"

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Note added at 2003-02-01 04:31:06 (GMT)
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Continuation of response to Mr/Ms ZIRBELHOLZ, disagreeing below:
EXECUTION ON A JUDGMENT:
http://www.ilo.org/public/english/tribunal/fulltext/2133.htm
FINDINGS OF FACT, LAW (or CONCLUSIONS OF LAW)
http://www.danwinter.com/factfind.html: US District Court, Western District of New York
ENFORCEMENT OF CLAIM:
http://data.opi.state.mt.us/bills/mca/72/34/72-34-111.htm
72-34-111. Duty to enforce claims. The trustee has a duty to take reasonable steps to enforce claims that are part of the trust property.
History: En. Sec. 83, Ch. 685, L. 1989.

Selected response from:

Maureen Holm, J.D., LL.M.
United States
Local time: 13:08

Grading comment

4 KudoZ points were awarded for this answer

Summary of answers provided

5 +1

Das Gericht erkentt fuer Recht = adjudicates, decrees and determines

Walter Herzberg

4 +2

held (followed by date, venue, signature, stamp etc...)

Steffen Walter

5 +1

enforce or find

Maureen Holm, J.D., LL.M.

to adjudge

Lydia Molea

3 +1

adjudicate

Jonathan MacKerron

also

verbis

has been determined to be legally valid

Ron Stelter

Discussion entries: 1

Answers

7 mins confidence:

to adjudge

Explanation:
one possibility

Reference: http://www.dict.leo.org

Lydia Molea
Germany
Local time: 19:08
Native speaker of: German
PRO pts in pair: 443

15 mins confidence:

peer agreement (net): +1

adjudicate

Explanation:
as per Dietl/Lorenz

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Note added at 2003-01-31 13:54:54 (GMT)
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same reference also proffers:
to give a judicial decision

Jonathan MacKerron
Native speaker of: English
PRO pts in pair: 5577

16 mins confidence:

also

Explanation:
legally effective

and/or

become final

yet it much depends on the sentence and context

ciao

verbis
Local time: 19:08
Native speaker of:

Italian
PRO pts in pair: 154

19 mins confidence:

peer agreement (net): +1

Das Gericht erkentt fuer Recht = adjudicates, decrees and determines

Explanation:
This is the Langenscheid translation

Langenscheid

Walter Herzberg
Local time: 13:08
Native speaker of:

German,

English
PRO pts in pair: 4

29 mins confidence:

peer agreement (net): +2

held (followed by date, venue, signature, stamp etc...)

Explanation:
This could be one simple alternative if it appears as suspected, i.e. at the end of the document/decision (see my question to Harold).

Steffen

Steffen Walter
Germany
Local time: 19:08
Native speaker of:

German
PRO pts in pair: 12418

44 mins confidence:

peer agreement (net): +1

enforce or find

Maureen Holm, J.D., LL.M.
United States
Local time: 13:08
Native speaker of:

English
PRO pts in pair: 986

Peer comments on this answer (and responses from the answerer)

agree

Steffen Walter: Question: How would a closing formula, if any, be worded on a related court document? IMHO this is what Harold is looking for (as shown by the colon following the phrase).

51 mins

-> Conclusion: For the reasons indicated above, the Court finds X, and therefore dismisses Plaintiff's claim / awards Plaintiff damages in the amount of ...

agree

GATI (X): actually just simply "find"

3 hrs

-> thanks

disagree

Margaret Marks: 'Find' refers to facts, 'held' to law. 'Enforce' is what happens after judgment.

9 hrs

-> Findings of Fact and Law (or "conclusions of law"). The "holding" is the result in the case. Enforce claims, orders, judgments, but, we say, "execute on a judgment." Continued above...

6 hrs confidence:

has been determined to be legally valid

Explanation:
depending upon what tense...

I like this personally

Ron Stelter
Local time: 12:08
Native speaker of:

English
PRO pts in pair: 198

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