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error n.
1. An assertion or belief that does not conform
to objective reality; a belief that what is false is
true or that what is true is false; MISTAKE.
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CLEAR ERROR
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clear error.
A trial judge's decision or action that
appears to a reviewing court to have been
unquestionably erroneous.
Even though a clear error occurred,
it may not warrant reversal.
[Cases: Appeal and Error 999(1), 1008.1(5).
C.J.S. Appeal and Error §§ 784, 805, 810.]
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CLERICAL ERROR
- clerical error.
An error resulting from a minor mistake
or inadvertence, esp. in writing or copying
something on the record, and not from
judicial reasoning or determination.
Among the boundless examples of clerical
errors are omitting an appendix from a
document; typing an incorrect number;
mistranscribing a word; and failing to
log a call. A court can correct a clerical
error at any time, even after judgment has
been entered.
See Fed. R. Civ. P. 60(a); Fed. R. Crim. P. 36.
— Also termed scrivener's error; vitium clerici.
See VITIUM SCRIPTORIS. [Cases: Federal
Civil Procedure 2653; Judgment 306.
C.J.S. Judgments §§ 280–281.]
- CUMULATIVE ERROR
- cumulative error.
The prejudicial effect of two or
more trial errors that may have been
harmless individually.
The cumulative effect of multiple
harmless errors may amount to reversible error.
See CUMULATIVE-ERROR ANALYSIS
See REISSUABLE ERROR.
- Map made by Lisa Stinocher O'Hanlon
using XMind software.
03.05.2013
http://www.xmind.net/share/hennalady/
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2. A mistake of law or of fact in a tribunal's
judgment, opinion, or order.
[Cases: Federal Civil Procedure 2653;
Judgment 355–356. C.J.S. Judgments §§ 314–315.]
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SUBSTANTIAL ERROR
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substantial error.
An error that affects a party's substantive
rights or the outcome of the case.
A substantial error may require reversal on
appeal.
Cf. harmless error. technical error.
See harmless error.
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REVERSIBLE ERROR
- reversible error.
An error that affects a party's substantive
rights or the case's outcome, and thus is
grounds for reversal if the party properly
objected. — Also termed harmful error;
prejudicial error; fatal error.
[Cases: Administrative Law and Procedure 764;
Appeal and Error 1025–1074; Criminal Law 1162.
C.J.S. Appeal and Error §§ 825–830;
Criminal Law §§ 1713–1715; Juries §§ 421–422;
Justices of the Peace § 240;
Public Administrative Law and Procedure § 225.]
- PLAIN ERROR
- plain error.
An error that is so obvious and
prejudicial that an appellate court
should address it despite the parties'
failure to raise a proper objection.
A plain error is often said to be so
obvious and substantial that failure to
correct it would infringe a party's
due-process rights and damage the
integrity of the judicial process.
See Fed. R. Evid. 103(d). —
Also termed fundamental error;
error apparent of record.
[Cases: Appeal and Error 181;
Criminal Law 1030.
C.J.S. Appeal and Error §§ 202, 207;
Criminal Law § 1682.]
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MANIFEST ERROR
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manifest error.
An error that is plain and indisputable,
and that amounts to a complete
disregard of the controlling law or the
credible evidence in the record.
[Cases: Appeal and Error 999(1), 1008.1(7).
C.J.S. Appeal and Error §§ 784, 805, 810.]
See OBVIOUS ERROR.
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MANIFEST CONSTITUTIONAL ERROR
- manifest constitutional error.
An error by the trial court that has an
identifiably negative impact on the trial
to such a degree that the constitutional
rights of a party are compromised.
A manifest constitutional error can be
reviewed by a court of appeals even if the
appellant did not object at trial.
- INVITED ERROR
- invited error.
An error that a party cannot complain
of on appeal because the party, through
conduct, encouraged or prompted the trial
court to make the erroneous ruling.
[Cases: Administrative Law and Procedure 742;
Appeal and Error 882;
Criminal Law 1137.
C.J.S. Appeal and Error §§ 745–747;
Public Administrative Law and Procedure § 214.]
- HARMLESS ERROR
- harmless errors
See ASSIGNMENT OF ERROR.
A harmless error is not grounds for reversal.
See Fed. R. Civ. P. 61; Fed. R. Crim. P. 52. —
Also termed technical error; error in vacuo.
Cf. substantial error.
[Cases: Administrative Law and Procedure 764;
Appeal and Error 1025–1074.
C.J.S. Appeal and Error §§ 825–830;
Juries §§ 421–422;
Justices of the Peace § 240;
Public Administrative Law and Procedure § 225.]