GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
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04:40 Apr 21, 2003 |
German to English translations [PRO] Law/Patents - Law (general) | |||||||
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| Selected response from: Maureen Holm, J.D., LL.M. United States Local time: 07:39 | ||||||
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Summary of answers provided | ||||
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5 +1 | attack and defense objection |
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4 | Accusation(attack) and defense argument |
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4 | I'd say |
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4 | key affirmative defense [ignored or discounted a] |
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2 | central pro et contra arguments |
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Accusation(attack) and defense argument Explanation: Something along those lines. Cheers Wolf |
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central pro et contra arguments Explanation: another suggestion. Good luck, Bhupali Kabre! |
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I'd say Explanation: central objections contra or pro on the part of the adjudicatory court Here, I like 'pivotal' or 'crucial' objections better |
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attack and defense objection Explanation: The legal term Einwand is objection in English. Angriff = attack and Verteidigung = defense. |
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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 |
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