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wegen mangelhaften Verfahrens

English translation: as a result of procedural issues

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:wegen mangelhaften Verfahrens
English translation:as a result of procedural issues
Entered by: bennowagner
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22:53 Nov 22, 2006
German to English translations [PRO]
Law/Patents - Law (general) / court trial
German term or phrase: wegen mangelhaften Verfahrens
Die angefochtene Entscheidung wird wegen mangelhaften Verfahrens aufgehoben.

This is a routine formula in legal (court) discourse, and I'm looking for the precise English equivalent. It should be something obvious, just don't know how to find it...
bennowagner
Local time: 15:15
as a result of procedural issues
Explanation:
The general term relating to technicalities is Procedural Justice. This includes rules governing arrests, evidence and procedures.
Selected response from:

Andrea Clarke
Local time: 15:15
Grading comment
many thanks! I received a variety of responses here with obviously different implications. I'll use your suggested answer as it meets the optimum in generalization and specification in a case which obviously allows for more variation than I first expected.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1because of a procedural defect
Neil Crockford
4as a result of procedural issues
Andrea Clarke
3 +1defective procedure
DDM
3tainted trial
Anca Nitu


  

Answers


18 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
because of a procedural defect


Explanation:
..

Neil Crockford
Local time: 14:15
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 8

Peer comments on this answer (and responses from the answerer)
agree  David Moore: QRT
12 hrs
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
defective procedure


Explanation:
This is what I found...

http://www.law.cornell.edu/nyctap/I91_0092.htm
http://www.publications.parliament.uk/pa/ld200506/ldjudgmt/j...
http://www.vlex.us/caselaw/U-S-Supreme-Court/Illinois-v-Some...
http://links.jstor.org/sici?sici=0002-9300(191307)7:3<653:DR...

DDM
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 24
Notes to answerer
Asker: many thanks, Daniel, this is really helpful, matches my context! Regards, Benno

Asker: Hi everybody, maybe there is more variance possible here than I first thought. Let me further clarify: quarry owner is sentenced to pay supplementary accident insurance fees -- files appeal against decisio at highest court -- decision is revoked on grounds of insufficient FACTUAL grounds for supplementary payments. SO: the "defect" was NOT in the FORM of the procedure, but in its insuffient SUBSTANTIAL basis. Any responses to this?? Thx in advance!!!


Peer comments on this answer (and responses from the answerer)
agree  KARIN ISBELL
2 hrs
  -> Thank you, Karin

agree  Raghunathan Rajagopalan
3 hrs
  -> Thank you, R.Raghunathan

disagree  David Moore: Sorry, Daniel; it is NOT the procedure which was defective, whatever Benno has written; it was the way it was put into practice.
11 hrs
  -> So the procedure was correct? :-)
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14 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
as a result of procedural issues


Explanation:
The general term relating to technicalities is Procedural Justice. This includes rules governing arrests, evidence and procedures.

Example sentence(s):
  • the case was closed as a result of procedural issues.
Andrea Clarke
Local time: 15:15
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
Grading comment
many thanks! I received a variety of responses here with obviously different implications. I'll use your suggested answer as it meets the optimum in generalization and specification in a case which obviously allows for more variation than I first expected.
Login to enter a peer comment (or grade)

15 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
tainted trial


Explanation:
.

--------------------------------------------------
Note added at 18 mins (2006-11-22 23:12:18 GMT)
--------------------------------------------------

or mistrial
depending on how and who messed up procedures

--------------------------------------------------
Note added at 21 hrs (2006-11-23 20:27:26 GMT)
--------------------------------------------------

lacking due process


Anca Nitu
Local time: 09:15
Native speaker of: Native in RomanianRomanian
PRO pts in category: 4
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