tatbestandsmässige v. rechtswidrige
English translation: satisfying the definition/elements of an offence / unlawful
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| 17:31 Oct 29, 2005 |
| German to English translations [PRO] Law/Patents - Law (general) / personal injury | |||||||
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|  Selected response from: Margaret Marks United Kingdom Local time: 04:09 | ||||||
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Answers
52 mins confidence: 
| tatbestandsmässige v. rechtswidrige actual bodily harm vs. assault Explanation: ... and while I'm here, I would suggest "liability" for Schuldhaftung (I don't see where you get your negligence analysis from). -------------------------------------------------- Note added at 57 mins (2005-10-29 18:29:00 GMT) -------------------------------------------------- Another term you might like to consider is "grievous bodily harm" (i.e. serious injury caused deliberately, which is an offence in the UK punishable by imprisonment, in some cases even life imprisonment). I have found these terms in the "Oxford Dictionary of Law", but you will need to decide how they fit in your context. -------------------------------------------------- Note added at 1 hr 4 mins (2005-10-29 18:36:43 GMT) -------------------------------------------------- Look at http://www2.warwick.ac.uk/fac/soc/law/elj/eslj/issues/volume... It is an article about a footballer causing serious injury by a deliberate attack during a game. Extract: "The most serious legal action that Keane could find himself involved with is being prosecuted for assaulting Haaland.9 In this context, assault means only that the defendant has made some intentional or reckless contact with the victim. The degree of injury caused to Haaland means that he would be likely charged under either section 18 or section 20 of the Offences Against the Person Act 1861 (OAPA) respectively for causing or inflicting grievous bodily harm to another." |
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4 hrs confidence:
| tatbestandsmässige v. rechtswidrige Körperverletzung {civil} battery on the facts/factual matrix/ vs. unlawful battery (AE & BE) Explanation: Actual or grievous bodily harm is a crim. not civ. off. in the UK. Assault is the threat of imminent violence in civ. law. Battery is the actual application of force. In the context of employment terminations, an unlawful battery can occur when a security guard forcefully removes an employee from the premises by making ... US weblink: ... slander, public humiliation, wrongful battery, false arrest and imprisonment, negligence, failure to provide adequate security, citizen’s arrest, ... www.vanceglobal.com/whatwedo/ services/uniformed_protection/ www.workplacefairness.org/ index.php?page=assault&agree=yes |
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7 hrs confidence: peer agreement (net): +2
peer agreement (net): +2| tatbestandsmässige v. rechtswidrige satisfying the definition/elements of an offence / unlawful Explanation: It leaves open whether the fact that the defendant was taking part in a game makes such injuries 'socially acceptable' (or whatever), that is, either means that they do not qualify as criminal offences at all, or, although constituting bodily harm and satisfying the definition of an offence, are nevertheless excused because they are not unlawful. - A criminal offence in Germany has to be tatbestandsmässig (satisfying the definition of an offence in the statutes), rechtswidrig (unlawful) and schuldhaft (committed with full criminal responsibility). Nicht rechtswidrig would include a police officer killing someone unavoidably in the course of duty. - It may be a civil matter, but they are talking about criminal law terms (a deed can be both a crime and a tort). And they are using technical terms of the criminal law. If it is a civil case, as you say, they are probably saying 'This civil case doesn't help as case-law on the question of criminal offences in sport'. |
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