Aktenrealität

English translation: reality of the record

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Aktenrealität
English translation:reality of the record
Entered by: Susan Welsh

12:49 Jan 15, 2010
German to English translations [PRO]
Law/Patents - Law (general) / criminal law
German term or phrase: Aktenrealität
Selbst wenn die Akten vollständig sind, bleibt zu berücksichtigten, dass jede Aktenrealität selektiv ist und möglicherweise Verzerrungen unterliegt.

Thanks in advance!
Susan Welsh
United States
Local time: 11:12
reality of the record
Explanation:
...yet another option ("file" would also work).

For example: "The reality of the record, however, establishes that it was the State which made Ms. Cardona's relationship with Gonzalez a central theme of its case, because it needed to convince the jury that it was Ms. Cardona, and not Gonzalez, who was the primary abuser of Lazaro and thus responsible for his murder." (See page 11 here: http://www.wfsu.org/gavel2gavel/briefs/01-1056_replytorespon... .)

Black's Law Dictionary (8th ed.) has this to say:
record, n. [...] 3. MINUTES (2). 4. The official report of the proceedings in a case, including the filed papers, a verbatim transcript of the trial or hearings (if any), and tangible exhibits. —Also termed (in some jurisdictions) clerk's record; (in BrE) bundle. See DOCKET (1).

file, n. 1. A court's complete and official record of a case[, e.g., "]the associate went to the courthouse to verify that the motion is in the file["]. 2. A lawyer's complete record of a case[, e.g., "]the paralegal stored the file in three drawers in her office["].

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Note added at 1 hr (2010-01-15 13:54:57 GMT)
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Here are some more examples used in court decisions:

"Plaintiff’s post-trial insistence that such a request was made does not square with the reality of the record, or with its stance over the course of this trial." (See page 10 here: http://www.ctd.uscourts.gov/Opinions/060801.JBA.Travel.pdf .)

"The majority has succumbed to engaging in pure speculation rather than accepting the reality of the record before us." (See the end of page 63 here: http://www.aoc.state.nc.us/www/public/sc/opinions/2009/pdf/5... .)
Selected response from:

Derek Gill Franßen
Germany
Local time: 16:12
Grading comment
Thanks for all your research!
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +1reality of the record
Derek Gill Franßen
3facts on file
Edith Kelly
3the reality/truth according to the files
Thayenga
3entry in the file / file entry
Paul Cohen
3in accordance with the records
editorpohl


  

Answers


23 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
facts on file


Explanation:
might fit here

Edith Kelly
Switzerland
Local time: 16:12
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 396
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28 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
the reality/truth according to the files


Explanation:
Another option.

Thayenga
Germany
Local time: 16:12
Native speaker of: Native in GermanGerman
PRO pts in category: 12
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41 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
entry in the file / file entry


Explanation:
I have a hunch that this doesn't refer to reality as we laypeople know it, but merely to entries in the file, which are selective and may be subject to distortions.

Paul Cohen
Greenland
Local time: 13:12
Native speaker of: Native in EnglishEnglish
PRO pts in category: 52
Notes to answerer
Asker: Ja, I always thought there was something odd about lawyers. Reality doesn't mean reality. (Just kidding! Don't anybody take offense!)

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51 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
reality of the record


Explanation:
...yet another option ("file" would also work).

For example: "The reality of the record, however, establishes that it was the State which made Ms. Cardona's relationship with Gonzalez a central theme of its case, because it needed to convince the jury that it was Ms. Cardona, and not Gonzalez, who was the primary abuser of Lazaro and thus responsible for his murder." (See page 11 here: http://www.wfsu.org/gavel2gavel/briefs/01-1056_replytorespon... .)

Black's Law Dictionary (8th ed.) has this to say:
record, n. [...] 3. MINUTES (2). 4. The official report of the proceedings in a case, including the filed papers, a verbatim transcript of the trial or hearings (if any), and tangible exhibits. —Also termed (in some jurisdictions) clerk's record; (in BrE) bundle. See DOCKET (1).

file, n. 1. A court's complete and official record of a case[, e.g., "]the associate went to the courthouse to verify that the motion is in the file["]. 2. A lawyer's complete record of a case[, e.g., "]the paralegal stored the file in three drawers in her office["].

--------------------------------------------------
Note added at 1 hr (2010-01-15 13:54:57 GMT)
--------------------------------------------------

Here are some more examples used in court decisions:

"Plaintiff’s post-trial insistence that such a request was made does not square with the reality of the record, or with its stance over the course of this trial." (See page 10 here: http://www.ctd.uscourts.gov/Opinions/060801.JBA.Travel.pdf .)

"The majority has succumbed to engaging in pure speculation rather than accepting the reality of the record before us." (See the end of page 63 here: http://www.aoc.state.nc.us/www/public/sc/opinions/2009/pdf/5... .)

Derek Gill Franßen
Germany
Local time: 16:12
Specializes in field
Native speaker of: English
PRO pts in category: 728
Grading comment
Thanks for all your research!

Peer comments on this answer (and responses from the answerer)
agree  Adrian MM. (X): I like the TV Perry Mason 'on the record' touch.
2 hrs
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3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
in accordance with the records


Explanation:
this might work as well

editorpohl
Local time: 10:12
Native speaker of: Native in GermanGerman
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