May 26, 2020 10:40
3 yrs ago
33 viewers *
German term
United Kingdom
More than 10 years' experience
Native in: English 
Works in: German to English, French to English, Polish to English
unter Bemühung von Beweismitteln
German to English
Law/Patents
Law (general)
This is in a court's critical assessment of a convicted defendant's arguments in his application for a retrial:
"Zur Begründung des Wiederaufnahmeantrages behauptete der Antragsteller - jeweils *unter Bemühung* von Beweismitteln - dass folgende Tatsachen neu seien:"
I can't find anything convincing apart from the normal meaning of effort, endeavour, but it does not fit here.
The only thing I can think of is that this means "testing / examination of evidence"
"Zur Begründung des Wiederaufnahmeantrages behauptete der Antragsteller - jeweils *unter Bemühung* von Beweismitteln - dass folgende Tatsachen neu seien:"
I can't find anything convincing apart from the normal meaning of effort, endeavour, but it does not fit here.
The only thing I can think of is that this means "testing / examination of evidence"
Proposed translations
(English)
Proposed translations
14 hrs
Selected
citing tenuous evidence
Since the asker has now clarified the consistently dismissive tone of the text:
"The court is unlikely to accept such tenuous evidence."
https://dictionary.cambridge.org/de/worterbuch/learner-engli...
"The court is unlikely to accept such tenuous evidence."
https://dictionary.cambridge.org/de/worterbuch/learner-engli...
4 KudoZ points awarded for this answer.
Comment: "Thanks - this fits!"
28 mins
processing/investigating (new) evidence
It seems they are combing the evidence for new grounds for indictment OR have new evidence to justify reopening the case.
+3
1 hr
providing evidence
unter Bemühung von = mit Hilfe von/unter Heranziehung von
The Antragsteller provided/cited evidence for each of the Tatsachen he claims to be new.
The Antragsteller provided/cited evidence for each of the Tatsachen he claims to be new.
+1
1 hr
Michael Martin, MA
United States
United States
Native in German
&
English
Specializes in field
United States
Creativity wins in the long run
Native in: German (Variant: Germany) 
, English (Variant: US)
Works in: German to English
Related KudoZ points
:
364
filing additional evidence
While filing additional evidence in support of his petition for reopening the case, the petitioner asserted the following new facts:
2 hrs
Adrian MM.
Austria
Austria
Native in English
Specializes in field
Austria
Retd.T&I, Barrister & Austro-Advokat
Native in: English (Variants: British, Scottish)
Works in: Spanish to English, English to Spanish, French to English, and 5 more.
Related KudoZ points
:
119
straining to adduce (bring forth) evidence; 'clutching at evidentiary straws'
I'm pretty sure that the judge - by using the reported speech of subjunctive with dass folgende Tatsachen *neu seien* - is being sarcastic and sardonic (like some people we know). to wit Bemühung is used euphemistically for a tentative and/ or doomed stab to 'come up with' convincing appeal.
It is a bit surprising that no one else seems to think the same.
Pls. note that 'bring forth' evidence is used in Anglo-Irish evidentiary / evidential practice at the Bar and on the Bench.
It is a bit surprising that no one else seems to think the same.
Pls. note that 'bring forth' evidence is used in Anglo-Irish evidentiary / evidential practice at the Bar and on the Bench.
Example sentence:
To display, produce, bring out for display. Against all expectations, the accused managed to bring forth convincing evidence of his innocence.
Note from asker:
| I think you are onto something actually. The court is comprehensively criticising the applicant's approach to adducing evidence or "stretching" evidence |
| I meant to add - throughout this document |
Peer comment(s):
| neutral |
Chris Pr
: It's not considered 'good form' for other answerers to issue disagrees....//Nope, I picked up on Elizabeth's asker comment that my suggestions were 'too positive'...//Plus. your entries are anyway too long-winded... :)
1 hr
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I agree - and see you have picked up on my tentative idea with tenuous.// Too long-winded: problem is I don't know how much pre-existing knowledge or ignorance of the ENG law or German rules on evidence ('Beweisfreiheit') to assume.
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| agree |
AllegroTrans
: judge is clearly using critical tone here and I amazed at others thinking a formal register is needed//well, judges certainly use colloquialisms cf. Denning
1 hr
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Thanks, AT. I had been inclined to post 'scratching and scraping around for evidence' but, paradoxically, had been fearful of a colloquialism backlash from your good(-)self inter alia. (Strange that only fellow-Brits are with me on this one).
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| disagree |
Michael Martin, MA
: See my comment to Chris' entry. We can't read our interpretations into the text, if the language doesn't support that
1 day 23 hrs
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I in fact utterly agree with your comment on Chris Pr's answer and am delighted that you are disagreeing with my answer for , hum, her sake.
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13 days
by furnishing evidence
by furnishing evidence oder -wie schon vorgeschlagen- providing evidence.
Im Wiederaufnahmeverfahren <b >muss</b > der Antragsteller (neue) Beweismittel benennen; die Formulierung "Bemühung" ist hier also nicht abwertend zu verstehen.
Im Wiederaufnahmeverfahren <b >muss</b > der Antragsteller (neue) Beweismittel benennen; die Formulierung "Bemühung" ist hier also nicht abwertend zu verstehen.
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