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Duplicitous
Duplicity is the error committed when the charge (known as a ''count'') on an indictment describes two different offences. An indictment may contain more than one count, but each count must allege only one offence, so that the defendant (and the jury) can know precisely what offences he or she is accused of. If a count is poorly drafted so that it alleges two offences, it is said to be "duplicitous". A duplicitous count is defective and must be quashed by the judge, unless the judge permits the count to be amended so that it only alleges one offence, or is split into two counts. If a duplicitous count is not noticed until after the defendant has been convicted on it, the verdict may be void. Duplicity is a completely different situation from when two different counts each allege the same offence, which is known as multiplicity Multiplicity may refer to: In science and the humanities * Multiplicity (mathematics), the number of times an element is repeated in a multiset * Multipl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Error (law)
Errors of various types may occur in legal proceedings and may or may not constitute grounds for appeal. Types of error * Harmless error is one considered not to have affected the trial's outcome and is thus not grounds for appeal. Harmless error is distinguished from "plain error" in that if error is "preserved" by the making of a timely objection, the burden of proof is on the respondent to show that the error was harmless, but if error was not preserved, the burden of proof is on the appellant to show that the error was plain. * Invited error is error brought about by a party's own conduct during a trial, and does not give grounds for appeal. * Reversible error is one that can lead to a judgment being overturned on appeal. See also * Actual innocence * Fundamental error Fundamental error is a legal term provided by United States Courts to describe an error which occurs whenever a judgement violates a federal fundamental right. In United States constitutional law, fun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |