Glossary entry

German term or phrase:

Aktenrealität

English translation:

reality of the record

Added to glossary by Susan Welsh
Jan 15, 2010 12:49
14 yrs ago
German term

Aktenrealität

German to English Law/Patents Law (general) criminal law
Selbst wenn die Akten vollständig sind, bleibt zu berücksichtigten, dass jede Aktenrealität selektiv ist und möglicherweise Verzerrungen unterliegt.

Thanks in advance!
Change log

Feb 2, 2010 10:51: Susan Welsh changed "Edited KOG entry" from "<a href="/profile/625898">Susan Welsh's</a> old entry - "Aktenrealität"" to ""reality of the record""

Proposed translations

+1
51 mins
Selected

reality of the record

...yet another option ("file" would also work).

For example: "The reality of the record, however, establishes that it was the State which made Ms. Cardona's relationship with Gonzalez a central theme of its case, because it needed to convince the jury that it was Ms. Cardona, and not Gonzalez, who was the primary abuser of Lazaro and thus responsible for his murder." (See page 11 here: http://www.wfsu.org/gavel2gavel/briefs/01-1056_replytorespon... .)

Black's Law Dictionary (8th ed.) has this to say:
record, n. [...] 3. MINUTES (2). 4. The official report of the proceedings in a case, including the filed papers, a verbatim transcript of the trial or hearings (if any), and tangible exhibits. —Also termed (in some jurisdictions) clerk's record; (in BrE) bundle. See DOCKET (1).

file, n. 1. A court's complete and official record of a case[, e.g., "]the associate went to the courthouse to verify that the motion is in the file["]. 2. A lawyer's complete record of a case[, e.g., "]the paralegal stored the file in three drawers in her office["].

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Note added at 1 hr (2010-01-15 13:54:57 GMT)
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Here are some more examples used in court decisions:

"Plaintiff’s post-trial insistence that such a request was made does not square with the reality of the record, or with its stance over the course of this trial." (See page 10 here: http://www.ctd.uscourts.gov/Opinions/060801.JBA.Travel.pdf .)

"The majority has succumbed to engaging in pure speculation rather than accepting the reality of the record before us." (See the end of page 63 here: http://www.aoc.state.nc.us/www/public/sc/opinions/2009/pdf/5... .)
Peer comment(s):

agree Adrian MM. (X) : I like the TV Perry Mason 'on the record' touch.
2 hrs
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4 KudoZ points awarded for this answer. Comment: "Thanks for all your research!"
23 mins

facts on file

might fit here
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28 mins

the reality/truth according to the files

Another option.
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41 mins

entry in the file / file entry

I have a hunch that this doesn't refer to reality as we laypeople know it, but merely to entries in the file, which are selective and may be subject to distortions.
Note from asker:
Ja, I always thought there was something odd about lawyers. Reality doesn't mean reality. (Just kidding! Don't anybody take offense!)
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3 hrs

in accordance with the records

this might work as well
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