11:35 Mar 7, 2002 |
German to English translations [PRO] Law/Patents | |||||||
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| Selected response from: Beate Boudro (X) United States Local time: 11:04 | ||||||
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I'm initiating this civil suit, and hereby request main proceedings to commence. Explanation: Legal terminology. |
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I am filing a civil suit and make a request to open the principal action. Explanation: Just a straight translation. I am not a lawyer. HTH anyway. |
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I raise the public complaint and request to open the main method. Explanation: This is a purely legal term and I believe this is the right answer. |
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I hereby bring a civil action and move that the matter be tried Explanation: on its merits. Or: I hereby file suit in civil court and move that the main proceedings begin forthwith. Strangely, the entire sentence does not provice sufficient context for a decent translation. It is important here to know under what circumstances this sentece came up. |
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sentence Explanation: Motion is made to this court to bring the case to trial That's how counsel would address a judge in the US. The attorney never refers to himself as "I", only as "we". Legal translation experience |
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I hereby bring this public complaint and move that main court proceedings be formally commenced. Explanation: The German sentence is a typical sentence that appears in every criminal "indictment/information" (German: "Anklageschrift"). The prosecutor has concluded the criminal investigation and has to file the criminal (public) complaint (along with the criminal investigation files) with the court. The court will review the files and public complaint and determine whether to "open" the formal court proceedings (das Hauptverfahren zu eroeffnen). This means that there will be a "trial" (there is no jury system in Germany, but two "Schoeffen" take part in the public hearings -at certain court levels -, sitting on the bench with the professional judges and having the same vote), but it also means that the duty to investigate now also rests with the court. The German criminal justice system is therefore not comparable to the Anglo-American system. This is why I tend not to "Anglo-Americanize" the German terms and concept in order not to mislead an Anglo-American lawyer. He/she will get an idea of what the text is about and, at the same time, understand that the German criminal procedure is different from what he/she is used to. Diet/Lorenz offers the following translations: "Hauptverfahren: main proceedings" - I prefer "main court proceedings" because this conveys the meaning of the "main proceedings" being court proceedings (in contrast to possible "court proceedings" during the prosecutorial investigation phase). Dietl/Lorenz: "Anklage erheben - bringing (or preferring) a charge" - I believe the translation "bringing a public (or criminal) complaint" more precisely conveys the fact that this is a formal complaint concluding investigation. Dietl/Lroenz and own professional experience as a judge in Germany (incl. criminal proceedings). |
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