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Verwahrung gegen die Beweislast

English translation: without prejudice to/without shifting/ the burden/onus of proof

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Verwahrung gegen die Beweislast
English translation:without prejudice to/without shifting/ the burden/onus of proof
Entered by: Adrian MM. (X)

09:20 Jun 11, 2009
German to English translations [PRO]
Law/Patents - Law (general) / Answer to complaint
German term or phrase: Verwahrung gegen die Beweislast
"Beweis unter Verwahrung gegen die Darlegungs- und Beweislast" (when referring to a piece of evidence).

I know this question has been asked before under Kudoz, but "under protest against the burden of proof" produces only one unreliable Google hit and more fuzzy searches suggest that this is simply not the common expression. Does anyone know what an English-speaking attorney-at-law would usually write here?

Thanks a lot.
Jeannette Eckel
Germany
Local time: 20:22
without prejudice to {without shifting} the burden/onus of proof
Explanation:
e.g. without one party's production of a Sachverständigen-gutachten implying reversal of the burden of proof to that party.

Burden and onus are the same thing, contrary to some legal academics/academic lawyers who used to equate the onus with standard of proof due to a misreading of certain passages in English criminal law textbooks.
Selected response from:

Adrian MM. (X)
Local time: 20:22
Grading comment
Thanks a lot. In the end, I stuck to "under protest" (following Kim's dictionary reference). But "without shifting ..." also sounds a good idea. And any way, I appreciate your efforts.
3 KudoZ points were awarded for this answer



Summary of answers provided
3 +2without prejudice to {without shifting} the burden/onus of proof
Adrian MM. (X)
1 -1evidence subject to burden of proof
andres-larsen
Summary of reference entries provided
under protest
Kim Metzger

Discussion entries: 4





  

Answers


5 mins   confidence: Answerer confidence 1/5Answerer confidence 1/5 peer agreement (net): -1
evidence subject to burden of proof


Explanation:
evidence subject to burden of proof

sources:

Evidence - Wikipedia, the free encyclopediaEvidence is the currency by which one fulfills the burden of proof. There are many issues that surround evidence, making it the subject of much discussion ...
en.wikipedia.org/wiki/Evidence -

Divorce Source: The Burden of Proof in Divorce Cases - How to Win ...The burden of proof is the evidence one party must present to be ... has the burden of proving that they are not subject to equitable distribution. ...
www.divorcesource.com/NJ/ARTICLES/gruber19.html -

Divorce Dex.com: Burden of ProofThe active or passive appreciation of assets subject to distribution also necessitates ... The burden of proof is the evidence one party must present to be ...
www.divorcedex.com/divorce/Burden-of-Proof-131.shtml -

evidence (law) :: The burden of proof -- Britannica Online ...evidence (law), The burden of proof, Britannica Online Encyclopedia, ... The burden of proof is a manifold and somewhat ambiguous concept in the law of evidence. ... Subject. Send. Link to this article and share the full text with the ...
www.britannica.com/EBchecked/topic/197308/evidence/28368/Th... -

European Commission - European Judicial Network - Taking of ...11 Jun 2006 ... European Commission - Taking of evidence and mode of proof - Czech Republic. ... to a particular case are subject to the burden of proof. ...
ec.europa.eu/civiljustice/evidence/evidence_cze_en.htm -

andres-larsen
Venezuela
Local time: 14:22
Does not meet criteria
Native speaker of: Native in EnglishEnglish
PRO pts in category: 123

Peer comments on this answer (and responses from the answerer)
disagree  Kim Metzger: Your "explanation" doesn't link the source text to your proposal. You're just documenting something we already know. What about "unter Verwahrung"?
4 hrs
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4 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
unter Verwahrung gegen die Beweislast
without prejudice to {without shifting} the burden/onus of proof


Explanation:
e.g. without one party's production of a Sachverständigen-gutachten implying reversal of the burden of proof to that party.

Burden and onus are the same thing, contrary to some legal academics/academic lawyers who used to equate the onus with standard of proof due to a misreading of certain passages in English criminal law textbooks.

Example sentence(s):
  • Employment: without prejudice. 16 Feb 09 ... The burden of proof remains on the employer to establish that any dismissal was for a fair reason. ...

    Reference: http://www.journalonline.co.uk/Magazine/54-2/1006186.aspx
Adrian MM. (X)
Local time: 20:22
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 790
Grading comment
Thanks a lot. In the end, I stuck to "under protest" (following Kim's dictionary reference). But "without shifting ..." also sounds a good idea. And any way, I appreciate your efforts.

Peer comments on this answer (and responses from the answerer)
agree  Kim Metzger: Or "Without prejudice to the question of the burden of proof" http://tinyurl.com/nqyw2e
39 mins
  -> Thx. Yes: open up with question or issue.
agree  Derek Gill Franßen: I also like Kim's rendition. :)
21 hrs
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Reference comments


4 hrs peer agreement (net): +1
Reference: under protest

Reference information:
an expression signifying that in complying with some demand or performing some action one is not conceding that the action is legally required and reserves the right to contest the issue in court.

Random House Webster's Dictionary of the Law

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Note added at 4 hrs (2009-06-11 14:04:33 GMT)
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And just so people can take a look at the previous question, here it is:

http://www.proz.com/kudoz/german_to_english/law_patents/2852...

Kim Metzger
Mexico
Does not meet criteria
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1244

Peer comments on this reference comment (and responses from the reference poster)
agree  Derek Gill Franßen: Yes, if the party does not offer evidence, but turns out to have the burden, then they will be disadvantaged. If, on the other hand, they do not have the burden, then the court will not raise that bit of evidence, i.e., the attorney is covering his bases.
22 hrs
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