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Kammer vs Gericht

English translation: 15th civil division at [of] the Hamburg Regional Court (Landgericht Hamburg)

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15:45 Jan 18, 2002
German to English translations [PRO]
Law/Patents
German term or phrase: Kammer vs Gericht
I posted several requests for assistance with phraseology in a recent court document I am working on. One of our colleagues raised an interesting question of usage: the frequent use of "Kammer" vs "Gericht" in the same sentence; for example, "Wir erheben diese Klage ausdrücklich zur angerufenen Kammer des angerufenen Gerichts, und zwar unter tem rechtlichen Gesichtspunkt der Sachzusammenhangs."

The literal translation of Kammer is EN "chambers" but a case is not usually heard in chambers (the judge's study/office); Further, we usually find some designation of Kammer ... in the German Rubrum or Parteienbezeichnung; for example, Landesgericht Hamburg, Zivilkammer 15.

Can anyone clarify the appropriate use of Kammer and Gericht and offer a reasonably accurate rendering in EN?

Thanks very much!

Harold
xxxVadney
English translation:15th civil division at [of] the Hamburg Regional Court (Landgericht Hamburg)
Explanation:
"Kammer" is defined as the "Spruchkörper" (Creifelds, Rechtswörterbuch) (trial court) of courts in general (eg Zivilkammer, Strafkammer - but only at the courts of higher jurisdiction, not the Amtsgericht) and are usually numbered. The term Kammer makes reference to the fact that the court does not consist of a sole judge presiding but of a panel of judges. A Kammer will always consist of at least three judges.

Where Kammer is used without reference to a particular court, I would call it a "court division" to clearly distinguish it from other divisions.

Selected response from:

Beate Lutzebaeck
New Zealand
Local time: 07:23
Grading comment
3 KudoZ points were awarded for this answer

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Summary of answers provided
4 +2DivisionGlyn Haggett
4 +1attemptUlla Haufe
515th civil division at [of] the Hamburg Regional Court (Landgericht Hamburg)Beate Lutzebaeck
4Civil court / Criminal courtgangels
4Civil court / Criminal courtgangels
1branchbochkor


  

Answers


14 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
Division


Explanation:
I think you will find that the term "Kammer" can be used for various divisions within the same court - for example, where the same court deals with criminal and civil matters, it may be divided into a "Strafkammer" and a "Zivilkammer". The term "Gericht" would then refer to the court in its entirety. Hope this is of some help.

Glyn Haggett
United Kingdom
Local time: 18:23
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 94

Peer comments on this answer (and responses from the answerer)
agree  Dr. Fred Thomson
28 mins

agree  Parrot
1 hr
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16 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
attempt


Explanation:
I'm not a lawyer, so I can only try to explain from the point of view of a normal citizen:
A court consists of different 'Kammern'=sections/departmentsEach is responsible for a different part of the law. One Kammer only deals with civil rights, the other one only with criminal cases and so on.

....I hope the experts will be able to give an better explanation

Ulla Haufe
Local time: 19:23
PRO pts in pair: 156

Peer comments on this answer (and responses from the answerer)
agree  Dr. Fred Thomson
27 mins
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47 mins   confidence: Answerer confidence 1/5Answerer confidence 1/5
branch


Explanation:
While this comes to mind more as a branch of the law, not of the court, maybe it's a good idea.

bochkor
Local time: 13:23
Native speaker of: Native in HungarianHungarian, Native in GermanGerman
PRO pts in pair: 25
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Civil court / Criminal court


Explanation:
It's best to stick with above definitions, although there are subsections at federal level, eg. the "2nd branch of the federal court for Northern Illinois" (in our jurisdiction). Asked lawyer friend who speaks both languages. I question if "branch" would exactly reflect the meaning of "Kammer..."

gangels
Local time: 11:23
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in pair: 5508
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Civil court / Criminal court


Explanation:
It's best to stick with above definitions, although there are subsections at federal level, eg. the "2nd branch of the federal court for Northern Illinois" (in our jurisdiction). Asked lawyer friend who speaks both languages. I question if "branch" would exactly reflect the meaning of "Kammer..."

gangels
Local time: 11:23
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in pair: 5508
Login to enter a peer comment (or grade)

19 hrs   confidence: Answerer confidence 5/5
15th civil division at [of] the Hamburg Regional Court (Landgericht Hamburg)


Explanation:
"Kammer" is defined as the "Spruchkörper" (Creifelds, Rechtswörterbuch) (trial court) of courts in general (eg Zivilkammer, Strafkammer - but only at the courts of higher jurisdiction, not the Amtsgericht) and are usually numbered. The term Kammer makes reference to the fact that the court does not consist of a sole judge presiding but of a panel of judges. A Kammer will always consist of at least three judges.

Where Kammer is used without reference to a particular court, I would call it a "court division" to clearly distinguish it from other divisions.




    Dietl/Lorenz, Legal dictionary
    Romain/Legal dico
Beate Lutzebaeck
New Zealand
Local time: 07:23
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in pair: 2079
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