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er·ror n: an act that through ignorance, deficiency, or accident departs from or fails to achieve what should be doneprocedural error s; esp: a mistake made by a lower court in conducting judicial proceedings or making findings in a caseto compel to conclusion that a manifest error has been done — Moses v. Burgin, 445 F.2d 369 (1971)— often used without an articlehad been error to give the jury special interrogatories — K. A. Cohen ; see also assignment of error, clearly erroneous◇ Generally a party must object to an error at trial in order to raise it as an issue on appeal.clear error: an error made by a judge in his or her findings of fact which is such that it leaves the reviewing court with the firm and definite conviction that a mistake has been made◇ A clear error may or may not warrant reversal.fundamental error: plain error in this entry— used esp. in criminal casesharmless error: an error that does not affect a substantial right or change the outcome of a trial and does not warrant reversal or other modification of the lower court's decision on appealinvited error: an error resulting from a party's own request for or encouragement of an action by the court◇ A party may not seek relief based on invited error that he or she has induced.manifest error: an error that is obvious and indisputable and that warrants reversal on appealplain error: an obvious and prejudicial error that affects the substantial rights of the parties and that results or probably results in a miscarriage of justice◇ Plain error warrants reversal on appeal even in the absence of objection to the error at trial.prejudicial error: an error that affects or presumptively affects the outcome of a trialreversible error: a substantial and prejudicial error warranting reversal on appeal
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
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I
noun
aberrance, aberrancy, aberration, corrigendum, delusion, deviation, distorted conception, distortion, erratum, erroneous statement, error, false conception, false impression, fault, flaw, inaccuracy, incorrect belief, inexactness, injustice, lapse, malapropism, misbelief, miscalculation, miscarriage of justice, miscomputation, misconception, misconjecture, miscount, misguidance, misinterpretation, misjudgment, misprint, misreckoning, misstatement, mistake, mistaken belief, mistaken judgment, mistranslation, misunderstanding, misuse of words, oversight, peccatum, poor judgment, slip, unfactualness, wrong course, wrong impression, wrongness
associated concepts: assignment of error, clerical error, confession of error, coram nobis, cross-errors, error apparent on the record, error of fact, error of judgment, error of law, fatal errors, fundamental error, harmful error, immaterial error, judicial error, legal error, manifest error, obvious error, plain error, prejudicial error, presentation of error, reversible error, substantial error, technical error, writ of error
foreign phrases:
- De fide et officio judicis non recipitur quaestio, sed de scientia, sive sit error juris, sive facti. — The good faith and honesty of a judge are not to be questioned, but his knowledge, whether it be in error of law or fact, may be.- Praesentia corporis tolitt errorem nominis; et veritas nominis tollit er rorem demonstrationis. — The presence of the body cures an error in the name; and the accuracy of the name cures an error of description- Veritas nominis tollit errorem demonstrationis. — Correctness of the name cures error in the description- Veritas demonstrationls tollit errorem nominis. — Correctness of the description cures the error of the name.- Error qui non resistitur approbatur. — An error which is not resisted or opposed is waived- Error fucatus nuda verttate in multls est probablllor; et saepenumero rationibus vincit veritatem error. — Error artfully disguised is, in many instances, more probable than naked truth; and frequently error overwhelms truth by argumentation.- Non videntur qui errant consentire. — Those who err are not deemed to consent- Falsa orthographia, sive falsa grammatica, non vitiat concessionem. — Bad spelling or grammar does not vitiate a deed- VMum clericl nocere non debet. — Clerical errors ought not to prejudice- Communis error facit jus. — Common error makes the law- Tutius erratur ex parte mttiori. — It is safer to err on the side of leniency.- In generalibus versatur error. — Error thrives on generalities.- Error furis nocet — An error of law works an injury.- Nihil facit error nominis cum de corpore constat. — An error in the name is of no consequence when there is certainty as to the person.- Tutius semper est errare acquletando, quam in puniendo; ex parte miseric ordlae quam ex parte justMae. — It is always safer to err in acquitting than in punishing; on the side of mercy rather than on the side of justice- Negatio conclusionis est error in lege. — The denial of a conclusion is error in law- Errores ad sua principia referre, est refellere. — To refer errors to their sources is to refute themII index delinquency (failure of duty) III index error IV index failure (lack of success), fallacy, fault (mistake), flaw, indiscretion V index lapse (expiration) VI index lapse (expiration), misapplication, misconduct, miscue, misdoing, misestimation, misjudgment, misstatement, onus (blame), oversight (carelessness), tort, transgression
Burton's Legal Thesaurus. William C. Burton. 2006
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n.A mistake; an inaccurate conception of fact or law.
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
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(1) A legal mistake. (2) A mistake of law or fact by a judge or court.Category: Small Claims Court & Lawsuits
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
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n. A mistake as to facts or law.@ harmless errorA mistake by the judge that does not interfere with a party's rights or remedies, and that therefore does not warrant reversal of the decision.+harmless error A mistake by the judge that does not interfere with a party's rights or remedies and that, therefore, does not warrant reversal of the decision.@ plain errorAn error that is so obvious and causes such an adverse effect, that an appeals court reverses a decision despite the affected party's failure to object to it during trial.See also plain error rule=>> error.@ reversible errorA mistake by the judge that adversely affects a party's rights or remedies, and is, therefore, grounds for reversal on appeal.=>> error.@
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
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A mistake in a court proceeding concerning a matter of law or fact, which might provide a ground for a review of the judgment rendered in the proceeding.
Dictionary from West's Encyclopedia of American Law. 2005.
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A mistake in a court proceeding concerning a matter of law or fact, which might provide a ground for a review of the judgment rendered in the proceeding.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
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n.a mistake by a judge in procedure or in substantive law, during a hearing, upon petitions or motions, denial of rights, during the conduct of a trial (either granting or denying objections), on approving or denying jury instructions, on a judgment not supported by facts or applicable law or any other step in the judicial process. If a majority of an appeals court finds an error or errors which affect the result, or a denial of fundamental rights such as due process, the higher court will reverse the lower court's error in whole or in part (the entire judgment or a part of it), and remand (send it back) with instructions to the lower court. Appeals courts often find errors which have no prejudicial effect on the rights of a party and are thus harmless error.
Law dictionary. EdwART. 2013.
