Glossary entry

German term or phrase:

Mit Nichtwissen wird bestritten

English translation:

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

Added to glossary by archtrans
Nov 21, 2006 05:00
17 yrs ago
5 viewers *
German term

Mit Nichtwissen wird bestritten

German to English Law/Patents Law (general) family law, child support
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.

Discussion

Roddy Stegemann Nov 22, 2006:
You should know that the word "actual" is one of the most abused words in the English language, and that there is almost always some evidence to a claim, if only the statement of the party who makes the claim.

Proposed translations

+1
28 mins
German term (edited): Mit Nichtwissen wird bestritten, daß . . .
Selected

In the absence of better knowledge it can be disputed that . . .

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.
Peer comment(s):

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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4 KudoZ points awarded for this answer. 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! "
8 mins

ignorance through deliberate failure to obtain information it is disputed

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.
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+3
14 mins

to raise the plea of lack of knowledge

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.



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

agree Steffen Walter
4 hrs
agree Tamara Ferencak : or "ignorance" s. auch Dietl/Lorenz
5 hrs
agree DDM
9 hrs
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2 hrs

With ingnorance it is denied that......

....

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Note added at 4 Stunden (2006-11-21 09:51:12 GMT)
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Der Antragsgegner bestreitet einfach, dass er verheiratet ist und zwei Kinder hat.
Peer comment(s):

neutral sylvie malich (X) : Please back this up with a reference.
1 hr
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