error

A mistaken judgment or incorrect belief as to the existence or effect of matters of fact, or a false or mistaken conception or application of the law. Such a mistaken or false conception or application of the law to the facts of a cause as will furnish ground for a review of the proceedings upon a writ of error. A mistake of law, or false or irregular application of it, such as vitiates the proceedings and warrants the reversal of the judgment. An act involving a departure from truth or accuracy; a mistake; an inaccuracy; as, an error in calculation. State ex rel. Smith v. Smith, 197 Or. 96, 252 P.2d 550, 555.

Error is also used as an elliptical expression for "writ of error"; as in saying that error lies; that a judgment may be reversed on error.

See writ of error.

See also ignorance

- mistake

- plain error rule

@ assignment of errors

A specification of the errors upon which the appellant will rely in seeking to have the judgment of the lower court reversed, vacated, modified, or a new trial ordered.

See e.g. Fed.R.App. P. 28.

- clerical error

@ error apparent of record

Plain, fundamental error that goes to the foundation of the action irrespective of the evidence; an obvious misapprehension of the applicable law. Parks v. Parks, 68 App.D.C. 363, 98 F.2d 235, 236.

@ fundamental error

In appellate practice, error which goes to the merits of the plaintiffs cause of action, and which will be considered on review, whether assigned as error or not, where the justice of the case seems to require it. Error of such character as to render judgment void. Error so grave that, if not rectified, would result in denial of fundamental due process. Roberts v. State, Ind., 492 N.E.2d 310, 313. Error in law apparent on the face of the record; e.g. court lacked jurisdiction. Such error is presented, for example, where error in court's instruction to jury goes to very basis of case so that charge fails to state and apply law under which accused is prosecuted. Kemner v. State, Tex.Cr.App., 589 S.W.2d 403, 409.

See error

- plain error rule

See reversible error

See also plain error rule.

@ harmful error

Error which more probably Swi improbably affected the verdict or judgment prejudicially to the party complaining.

See fundamental error; reversible error

See also plain error rule.

@ harmless error

In appellate practice, an error committed in the progress of the trial below, but which was not prejudicial to the rights of the party assigning it, and for which, therefore, the court will not reverse the judgment, as, where the error was neutralized or corrected by subsequent proceedings in the case, or where, notwithstanding the error, the particular issue was found in that party's favor, or where, even if the error had not been committed, he could not have been legally entitled to prevail. Error which is not sufficient in nature or effect to warrant reversal, modification, or retrial. Fed. R.Crim.P. 52 provides: "Any error, defect, irregularity or variance which does not affect substantial rights shall be disregarded."

See also harmless error doctrine.

@ invited error

In appellate practice, the principle of "invited error" is that if, during the progress of a cause, a party requests or moves the court to make a ruling which is actually erroneous, and the court does so, that party cannot take advantage of the error on appeal or review.

+ invited error

Doctrine of "invited error" provides that when the court acquiesces in course of conduct urged by defendant, defendant is estopped on appeal from raising as error that conduct or its result. People v. Crespin, Colo-App., 682 P.2d 58, 59.

See also error

@ reversible error

In appellate practice, such an error as warrants the appellate court in reversing the judgment before it; substantial error, that which reasonably might have prejudiced the party complaining.

See fundamental error

See also plain error rule

@