Angriffs- und Verteidigungseinwand

English translation: key affirmative defense

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Angriffs- und Verteidigungseinwand
English translation:key affirmative defense
Entered by: Bhupali Gupte (X)

04:40 Apr 21, 2003
German to English translations [PRO]
Law/Patents - Law (general)
German term or phrase: Angriffs- und Verteidigungseinwand
Ohne eine entsprechende Sachaufklärung zu diesem Punkt müßte die Schiedsbeklagte davon ausgehen, daß ein zentraler Angriffs- und Verteidigungseinwand seitens des Schiedsgerichtes nicht zur Kenntnis genommen wurde.


There's something similar in the archives, but I was wondering how to phrase this...

Thanks !!!
Bhupali Gupte (X)
Local time: 13:39
key affirmative defense [ignored or discounted a]
Explanation:
The sentence concerns a single objection [Einwand], and one that has two functions, namely, both to defend and to shift the burden of proof back to the Claimant. Since that is exactly the effect of an "affirmative defense," this appears to be a likely rendering. Logic reinforces this take, I think, because it is not ordinarily helpful to one's case to complain that the judge ignored objections from both sides on a key issue, and even less probable that the parties would share the same view on a key issue in a dispute.

NOTE:
Untitled
affirmative defense n. part of an answer to a charge or complaint in which a defendant
takes the offense and responds to the allegations with his/her own ...
dictionary.law.com/ definition2.asp?selected=2363&bold=%7C%7C%7C%7C

Affirmative Defense
... Affirmative Defense -- What does it mean? Where does it fit? Affirmative
Defense. A defense in which the defendant introduces evidence ...
www.law.cornell.edu/lexicon/affirmative_defense.htm

* Am reading it as musste, not müsste. I humbly question whether "müsste" was intended here, since rest of construction in German would, I believe, have been different.
Selected response from:

Maureen Holm, J.D., LL.M.
United States
Local time: 07:39
Grading comment
Thanks a lot :-)
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +1attack and defense objection
EMatt
4Accusation(attack) and defense argument
Wolf Brosius (X)
4I'd say
gangels (X)
4key affirmative defense [ignored or discounted a]
Maureen Holm, J.D., LL.M.
2central pro et contra arguments
Сергей Лузан


  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
Accusation(attack) and defense argument


Explanation:
Something along those lines.
Cheers
Wolf

Wolf Brosius (X)
Local time: 13:39
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 4
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2 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5
central pro et contra arguments


Explanation:
another suggestion. Good luck, Bhupali Kabre!

Сергей Лузан
Russian Federation
Local time: 14:39
Works in field
Native speaker of: Native in RussianRussian
PRO pts in category: 24
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7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
I'd say


Explanation:
central objections contra or pro on the part of the adjudicatory court

Here, I like 'pivotal' or 'crucial' objections better

gangels (X)
Local time: 05:39
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in category: 249
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13 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
attack and defense objection


Explanation:
The legal term Einwand is objection in English. Angriff = attack and Verteidigung = defense.

EMatt
Local time: 07:39
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 27

Peer comments on this answer (and responses from the answerer)
agree  Ellen Zittinger
10 hrs
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20 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
key affirmative defense [ignored or discounted a]


Explanation:
The sentence concerns a single objection [Einwand], and one that has two functions, namely, both to defend and to shift the burden of proof back to the Claimant. Since that is exactly the effect of an "affirmative defense," this appears to be a likely rendering. Logic reinforces this take, I think, because it is not ordinarily helpful to one's case to complain that the judge ignored objections from both sides on a key issue, and even less probable that the parties would share the same view on a key issue in a dispute.

NOTE:
Untitled
affirmative defense n. part of an answer to a charge or complaint in which a defendant
takes the offense and responds to the allegations with his/her own ...
dictionary.law.com/ definition2.asp?selected=2363&bold=%7C%7C%7C%7C

Affirmative Defense
... Affirmative Defense -- What does it mean? Where does it fit? Affirmative
Defense. A defense in which the defendant introduces evidence ...
www.law.cornell.edu/lexicon/affirmative_defense.htm

* Am reading it as musste, not müsste. I humbly question whether "müsste" was intended here, since rest of construction in German would, I believe, have been different.


    Reference: http://www.law.cornell.edu/lexicon/affirmative_defense.htm
Maureen Holm, J.D., LL.M.
United States
Local time: 07:39
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 23
Grading comment
Thanks a lot :-)
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