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Mit Nichtwissen wird bestritten

English translation: In the absence of actual knowledge it can be disputed that . . .

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Mit Nichtwissen wird bestritten
English translation:In the absence of actual knowledge it can be disputed that . . .
Entered by: archtrans
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05:00 Nov 21, 2006
German to English translations [PRO]
Law/Patents - Law (general) / family law, child support
German term or phrase: Mit Nichtwissen wird bestritten
Hard to tell if this means something is or isn't disputed:

Mit Nichtwissen wird bestritten, dass der Antragsgegner in Irland verheiratet ist und zwei weitere Kinder hat.

From a family court case for retroactive child support. The phrase is repeated several times.
archtrans
Canada
In the absence of better knowledge it can be disputed that . . .
Explanation:
This is a common plea in court cases where the only evidence available are the testimonies of the opposing sides. How does a judge know whom to believe without witnesses or supporting evidence. It is simply the word of one party against the other. What is said by either is in fact disputable.
Selected response from:

Roddy Stegemann
United States
Local time: 17:43
Grading comment
Good sequence of answers! Hamo's formulation seems best and confirms what I began to suspect was a good translation - only I will probably change "better" to "actual", with ref. to google results. Thanks to everyone for the great work!
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +3to raise the plea of lack of knowledge
Kim Metzger
4 +1In the absence of better knowledge it can be disputed that . . .
Roddy Stegemann
3With ingnorance it is denied that......
Harald Pigall
3ignorance through deliberate failure to obtain information it is disputed
Camilla Seifert


Discussion entries: 1





  

Answers


8 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
ignorance through deliberate failure to obtain information it is disputed


Explanation:
This is what I found in my legal dictionary. It may help you a little. The sentence means that although the person answering the question does not actually (factually) KNOW for certain, he/she disputes that the Antragsgegner is married and has two other (further) children. Sort of saying, it does not seem likely although I do not know for sure.

Camilla Seifert
South Africa
Local time: 02:43
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in category: 96
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14 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +3
to raise the plea of lack of knowledge


Explanation:
Romain: mit Nichtwissen bestreiten = to raise the plea of lack of knowledge. It's hard to tell how to handle the German passive voice here.

The respondent/petitioner pleads lack of knowledge as to whether the respondent is married in Ireland and has two more children.



--------------------------------------------------
Note added at 26 mins (2006-11-21 05:27:18 GMT)
--------------------------------------------------

Pleading lack of knowledge.
“The allegations of paragraph [n] are denied for lack of knowledge or sufficient information to justify a belief therein” is bad writing. Yet many of us who would never write like that in briefs frequently do so in pleadings. Rule 8(b) requires the pleader who lacks knowledge to say so, and that has the effect of a denial. To obey Rule 8(b), plead lack of knowledge like this:
Schmidlap lacks knowledge or information sufficient to form a belief whether paragraphs 8, 9, and 10 of the complaint are true.

http://raymondpward.typepad.com/newlegalwriter/2006/01/simpl...



    Dictionary of Legal and Commercial Terms - Romain
Kim Metzger
Mexico
Local time: 19:43
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1212

Peer comments on this answer (and responses from the answerer)
agree  Steffen Walter
4 hrs

agree  Tamara Ferencak: or "ignorance" s. auch Dietl/Lorenz
5 hrs

agree  DDM
9 hrs
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28 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Mit Nichtwissen wird bestritten, daß . . .
In the absence of better knowledge it can be disputed that . . .


Explanation:
This is a common plea in court cases where the only evidence available are the testimonies of the opposing sides. How does a judge know whom to believe without witnesses or supporting evidence. It is simply the word of one party against the other. What is said by either is in fact disputable.

Roddy Stegemann
United States
Local time: 17:43
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 30
Grading comment
Good sequence of answers! Hamo's formulation seems best and confirms what I began to suspect was a good translation - only I will probably change "better" to "actual", with ref. to google results. Thanks to everyone for the great work!

Peer comments on this answer (and responses from the answerer)
agree  Astrid Elke Witte: This is the perfect way to express it.
1 hr
  -> Thanks, Astrid. It appears that you also have experience in legal matters.
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
With ingnorance it is denied that......


Explanation:
....

--------------------------------------------------
Note added at 4 Stunden (2006-11-21 09:51:12 GMT)
--------------------------------------------------

Der Antragsgegner bestreitet einfach, dass er verheiratet ist und zwei Kinder hat.

Harald Pigall
Local time: 02:43
Works in field
Native speaker of: Native in GermanGerman, Native in PolishPolish

Peer comments on this answer (and responses from the answerer)
neutral  sylvie malich: Please back this up with a reference.
1 hr
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