Glossary entry

German term or phrase:

verbraucht / Verbrauch (Tatsache)

English translation:

redundant

May 28, 2020 09:40
4 yrs ago
47 viewers *
German term

verbraucht / Verbrauch (Tatsache)

German to English Law/Patents Law (general)
This is in a court's critical / negative assessment of a convicted defendant's arguments in his application for a retrial.

Basically, the defendant is claiming that facts are new to support his application for a retrial, but they have already been used in previous proceedings, so are "verbraucht" and cannot be reused in this context. My idea is "exhausted", but I can't seem to find anything to back this up in legal contexts, except for "exhausting remedies" which is different.

"Im Lichte der Bedeutung der Rechtskraft und der eng auszulegenden Voraussetzungen für deren Durchbrechung hat hierbei auch der Grundsatz zu gelten, dass bei den Feststellung, ob eine als „neu“ beuhauptete Tatsache nicht bereits in einem früheren Wiederaufnahmeantrag vorgetragen wurde und damit *verbraucht* ist, ein großzügiger Maßstab anzulegen ist."

"Es läuft den bewusst enggefassten Grenzen für die Durchbrechung der Rechtskraft einer ergangenen Entscheidung zuwider, wenn durch spitzfindige Umdeutungen oder Nuancierungen altbekannten Sachvortrages der Versuch unternommen wird, in einem erneuten Wiederaufnahmeantrag den *Verbrauch* der als neu behaupteten Tatsache durch die frühere Entscheidung eines Wiederaufnahmegerichtes zu umgehen."

"Diese Argumentation erweist sich im Kern entweder als althergebracht - und damit *verbraucht*."

"Abgesehen davon ist sein diesbezüglicher Vortrag durch frühere Wiederaufnahmeanträge und Benennung dieser beiden Zeugen *verbraucht*."
Votes to reclassify question as PRO/non-PRO:

Non-PRO (1): TechLawDC

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Discussion

Björn Vrooman Jun 4, 2020:
Yes... ...this would have fit quite nicely. However, all questions pertaining to this text seem to have devolved into some kind of fill-in-the-blanks contest where the source is being treated as something you're required to look at but are allowed to forget about five minutes later. Just because a Tatsache isn't new doesn't make it redundant; citing it may be, but that wasn't asked. The following is closer to the source than anything on offer: "A motion for reconsideration is appropriate in instances when the court 'has made an error not of reasoning, but of apprehension,' and a court 'must not grant reconsideration when the motion is simply a re-styling or rehashing of issues previously presented.' Pahler v. City of Wilkes-Barre, 207 F.Supp. 2d 341, 355 (M.D. Pa. 2001)" https://casetext.com/case/ryan-v-us-4

As an aside, jccantrell, did you see L-man's comment on your Q: https://www.proz.com/kudoz/german-to-english/automotive-cars...

The glossary post contains a typo.

Best wishes and have a great day
jccantrell May 28, 2020:
not new Gee, I would have just used it this way. You already have 'new' ...
But, then again, I am not a lawyer.

Proposed translations

+4
21 mins
Selected

redundant

The text seems to suggest that the information cannot be used and is therefore redundant, but there may be a legal term for this that I am not familiar with. Hope this helps.
Note from asker:
Sounds good
Peer comment(s):

agree Chris Pr : A dictionary recital is not required here, just simple adjectives - also duplicated, precluded, superfluous, spent, expended, outmoded, etc...
1 hr
Thanks Chris. Yes, I thought superfluous and spent too
agree philgoddard : They haven't used Latin in the source document (though they could have), so I don't see any reason to use it in the translation.
2 hrs
Thanks Phil!
agree Klaus Beyer
1 day 4 hrs
Thanks Klaus!
agree AllegroTrans
1 day 4 hrs
Thanks ... Allegro!
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4 KudoZ points awarded for this answer. Comment: "Yes, this fits perfectly!"
+3
52 mins

res judicata

Res judicata (RJ) or res iudicata, also known as claim preclusion, is the Latin term for "a matter [already] judged" and refers to either of two concepts: in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) relitigation of a claim between the same parties.
https://en.wikipedia.org/wiki/Res_judicata


--------------------------------------------------
Note added at 53 mins (2020-05-28 10:34:39 GMT)
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verbraucht: precluded

--------------------------------------------------
Note added at 59 mins (2020-05-28 10:40:01 GMT)
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Layman's language: already dealt with
https://www.ashfords.co.uk/news-and-media/general/can-a-cour...
Peer comment(s):

agree Asmaa Hussein
8 mins
agree Ramey Rieger (X) : I rest my case
33 mins
agree TechLawDC : constitutes res judicata.
1 hr
neutral AllegroTrans : The text is speaking about matters of evidence rather than the case (issue) itself, so I am not sure that res judicata is the correct term
11 hrs
See addendum: precluded. This has the added merit of "not using Latin" (P Goddard) // I'm surprised that you have commented on other answers here when you have entered your own. Many reasons why evidence may be inadmissible. Too broad in the context.
Something went wrong...
1 hr

Res judicata

Latin
Something went wrong...
+2
4 hrs

one of otiose narrative / otiose repetition (of a fact)

There are echoes of the Anglo-Am- rule of evidence against narrative, namely repeating oneself for effect.

I can't read a res judicata of the case itself rather than the case made out - namely bifurcating in ENG litigation into general cause-of-action estoppel or specific-issue estoppel into the scenario, but that may be me being thick.

PS this def. is a pro question as the evidentiary concepts are not easy.



--------------------------------------------------
Note added at 4 hrs (2020-05-28 13:57:46 GMT)
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Weblink repeated 'for effect' >

https://www.cambridge.org/core/journals/cambridge-law-journa...
Example sentence:

The rule against narrative is sometimes called the rule against self-corroboration.

Peer comment(s):

neutral AllegroTrans : Agree that there doesn't seem to be res judicata here but I somehow think it's not about the rule against narrative; there's a better word & I'm racking my brain for it
8 hrs
- as long as you are not 'wrecking' your brains, as per Huber Verlag's GER/ENG translation primer of yesteryear. I like J.C. Cantrell's discussion entry of 'not/hing new' for verbraucht vs. ' bypass the otiose narrative' for den Verbrauch' ..zu umgehen.
agree Rachel Goodwin : more options possibly ... invalid (rendered invalid?), negated, quashed
18 hrs
thanks - recycled *as invalid narrative*/ wiederverwertet and recycling / Wiederverwertung are certainly the idea of this rule of evidence-
agree Lancashireman : It appears that our learned input was considered redundant.
6 days
Good one, Andrew. Maybe the info. will - as I have been told offlist - serve posterity.// Anecdotally, one set E&W Law of Evidence textbook, penned by my namesake, Adrian K., is from your alma mater of Hull. He reckons T&I is a 'gap in legal training'.
Something went wrong...
12 hrs

inadmissible

Not quite a synonym but I think this is what the Judge may well be saying

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