Glossary entry (derived from question below)
German term or phrase:
Die Klägerin \"selbst\" erklärt in \"ihrer\" Klageschrift ...
English translation:
The Plaintiff itself explains in its complaint
Added to glossary by
Bonnie
Nov 11, 2009 10:53
14 yrs ago
6 viewers *
German term
Die Klägerin "selbst" erklärt in "ihrer" Klageschrift ...
German to English
Law/Patents
Law (general)
The plaintiff is a company. Sould I refer to the plaintiff "itself" and "its" statement of claim? The same problem arises with regard to the defendant.
Thanks in advance for your help!
Thanks in advance for your help!
Proposed translations
(English)
Change log
Nov 11, 2009 10:58: Steffen Walter changed "Field (specific)" from "Law: Contract(s)" to "Law (general)"
Proposed translations
+4
1 hr
Erika Nagy, Esq.
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The Plaintiff itself explains in its complaint
Yes, you are correct, if the litigants are business entities, they are referred to as 'it', 'itself', 'its', etc.
Peer comment(s):
| agree |
Steffen Walter
48 mins
|
| agree |
Iris Schlagheck-Weber
1 hr
|
| agree |
Julia Lipeles
3 hrs
|
| agree |
IP-Chemist
5 hrs
|
4 KudoZ points awarded for this answer.
Comment: "Clear question - clear answer! Thank you, Erika!"
3 mins
Nils Andersson
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4
German term (edited):
Die Klägerin \"selbst\" erklärt in \"ihrer\" Klageschrift ...
Use
This is assuming that the plaintiff is a physical person.
If a legal person (corporation or equivalent) then "itself" and
"its" make sense.
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Note added at 6 mins (2009-11-11 10:59:34 GMT)
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OK, on review I found the plaintiff is a corporation. If the text truly refers to the corporation, use "itself" etc, if OTOH it refers to
e.g. a female lawyer etc, use "herself". What prompts the female
designation in the text? A nominally "female" name of the corporation
or what?
If a legal person (corporation or equivalent) then "itself" and
"its" make sense.
--------------------------------------------------
Note added at 6 mins (2009-11-11 10:59:34 GMT)
--------------------------------------------------
OK, on review I found the plaintiff is a corporation. If the text truly refers to the corporation, use "itself" etc, if OTOH it refers to
e.g. a female lawyer etc, use "herself". What prompts the female
designation in the text? A nominally "female" name of the corporation
or what?
+4
1 hr
plaintiff "itself" ... in "its" complaint ...
die weibliche Form "Klägerin" resultiert ausschließlich aus dem Femininum "die Gesellschaft", egal welches die Gesellschaftsform ist; das gleiche gilt für "die Beklagte" - diese Bezeichnungen in Bezug auf Gesellschaften sind im Deutschen absolut üblich, ebenso wie entsprechend im Englischen das "it"
Peer comment(s):
| agree |
Steffen Walter
: Gute Erklärung.
32 mins
|
| agree |
Iris Schlagheck-Weber
1 hr
|
| agree |
Julia Lipeles
2 hrs
|
| agree |
IP-Chemist
: vollkommen richtig erklärt
5 hrs
|
13 hrs
The plaintiff details in its complaint
Why not drop the "itself" and be creative with "erklärt"? The translation of "erklärt" makes little difference to me, but doesn't the "itself" sound unnecessary in English? I think that German uses the reflexive in some cases where it is not commonly used in English.
Note from asker:
| In this case "itself" does make sense, as it stresses that even the plaintiff admits the allegations brought foward by the defendant |
6 hrs
German term (edited):
Die Klägerin \\\"selbst\\\" erklärt in \\\"ihrer\\\" Klageschrift ...
The (E&W) Claimants for one aver/(AE) depose/ in their Statement of Claim (plaint)
1. Under the Civil Justice reforms in England &Wales10 years ago, Plaintiff became claimant.
2. statement of claim stayed the same, but a pleading like the latter or a defence became a statement of case.
3. aver is to state or content. A deposition is usually sworn in the UK vs. the US.
4. In the County Court in E&W (Sheriff Court in Scotland) and the High Court/QBD, there is tendency for a company or partnership to be pluralised as a litigant. Just look at English law reports.
In the Chancery Division, a company is usually kept in the singular: exception for a partnership, as a collection of individuals or corporate members, which is pluralised e.g. a firm, trading as XYZ and Co. , Claimants or Defendants.
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Note added at 1 day10 hrs (2009-11-12 21:40:18 GMT) Post-grading
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That is indeed odd, even amongst my Huguenot acquaintances in Friesland, when websites claim the origin of the name is Scottish http://www.thinkbabynames.com/meaning/0/Bonnie. You still haven't added the country of the target-readership when you must know that English and Welsh judges won't accept a writ with the title Plaintiff in it.
2. statement of claim stayed the same, but a pleading like the latter or a defence became a statement of case.
3. aver is to state or content. A deposition is usually sworn in the UK vs. the US.
4. In the County Court in E&W (Sheriff Court in Scotland) and the High Court/QBD, there is tendency for a company or partnership to be pluralised as a litigant. Just look at English law reports.
In the Chancery Division, a company is usually kept in the singular: exception for a partnership, as a collection of individuals or corporate members, which is pluralised e.g. a firm, trading as XYZ and Co. , Claimants or Defendants.
--------------------------------------------------
Note added at 1 day10 hrs (2009-11-12 21:40:18 GMT) Post-grading
--------------------------------------------------
That is indeed odd, even amongst my Huguenot acquaintances in Friesland, when websites claim the origin of the name is Scottish http://www.thinkbabynames.com/meaning/0/Bonnie. You still haven't added the country of the target-readership when you must know that English and Welsh judges won't accept a writ with the title Plaintiff in it.
Example sentence:
www.thefreedictionary.com/statement+of+claim
Note from asker:
| Actually my name goes back to the Huguenots. Funny to be transformed into a Scot ;-) |
| Thank you for the trouble you've taken. Re "Bonnie" - I just deduced it from my family name (which actually is of French origin) and use it as a pseudonym. Re "Plaintiff" - the original text (of course) is in German and directed to a German court. Since the representative of the Defendant (US corporation) is American he wishes to get translations of the paperwork for his information. |
Peer comment(s):
| neutral |
SelecTra
: kommt wohl drauf an, ob britisches oder amerikanisches Englisch gefordert ist - im Amerikanischen wäre "plaintiff" bzw. "complaint" richtig
31 mins
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I absolutely agree. That's why I qualified my remarks with England & Wales. NB the asker has a Scottish name and, in Scotland, the Plaintiff is called a Pursuer.
|
Discussion