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Legal Error
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 In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ... 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. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Error
An error (from the Latin , meaning 'to wander'Oxford English Dictionary, s.v. “error (n.), Etymology,” September 2023, .) is an inaccurate or incorrect action, thought, or judgement. In statistics, "error" refers to the difference between the value which has been computed and the correct value. An error could result in failure or in a Deviation (statistics), deviation from the intended performance or behavior. Human behavior One reference differentiates between "error" and "mistake" as follows: In human behavior the norms or expectations for behavior or its consequences can be derived from the intention of the actor or from the expectations of other individuals or from a social grouping or from social norms. (See deviance (sociology), deviance.) Gaffes and faux pas can be labels for certain instances of this kind of error. More serious departures from social norms carry labels such as misbehavior and labels from the legal system, such as misdemeanor and crime. Departures f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Legal Proceeding
Legal proceeding is an activity that seeks to invoke the power of a tribunal in order to enforce a law. Although the term may be defined more broadly or more narrowly as circumstances require, it has been noted that "[t]he term ''legal proceedings'' includes proceedings brought by or at the instigation of a public authority, and an Appeal (law), appeal against the decision of a court or tribunal". Legal proceedings are generally characterized by an orderly process in which participants or their representatives are able to present evidence (law), evidence in support of their claims, and to argue in favor of particular Judicial interpretation, interpretations of the law, after which a judge, jury, or other trier of fact makes a determination of the factual and legal issues. * Activities needed to have a court deem legal process to have been provided, such as through service of process. * Conduct of a Trial (law), trial, whether a lawsuit or civil trial, or a criminal trial. * Issuanc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Appeal (law)
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. Terminology American English and British English have diverged significantly on the topic of appellate terminology. American cases go up "on appeal" and one "appeals from" ( intransitive) or "appeals" ( transitive) an order, award, judgment, or conviction, while decisions of British courts are said to be "under appeal" and one "appeals against" a judgment. An American court disposes of an appeal with words like "judgment affirmed" (the appeal is without merit) or "judgment reversed" (the appeal has merit), while a British court dispose ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Harmless Error
In United States law, a harmless error is a ruling by a trial judge that, although mistaken, does not meet the burden for a losing party to reverse the original decision of the trier of fact on appeal, or to warrant a new trial. Harmless error is easiest to understand in an evidentiary context. Evidentiary errors are subject to harmless error analysis, under Federal Rule of Evidence 103(a) ("Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected.") The general burden when arguing that evidence was improperly excluded or included is to show that the proper ruling by the trial judge may have, on the balance of probabilities, resulted in the opposite determination of fact. In the case of ''Earll v. State of Wyoming'', the Wyoming Supreme Court distinguished between reversible error (which requires a conviction be overturned) and harmless error (which does not), as follows: [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Objection (United States Law)
In the law of the United States of America, an objection is a formal protest to evidence, argument, or questions that are in violation of the rules of evidence or other procedural law. Objections are often raised in court during a trial to disallow a witness's testimony, and may also be raised during depositions and in response to written discovery. During trials and depositions, an objection is typically raised after the opposing party asks a question of the witness, but before the witness can answer, or when the opposing party is about to enter something into evidence. At trial, the judge then makes a ruling on whether the objection is "''sustained''" (the judge agrees with the objection and disallows the question, testimony, or evidence) or "''overruled''" (the judge disagrees with the objection and allows the question, testimony, or evidence). An attorney may choose to "rephrase" a question that has been objected to, so long as the judge permits it. Lawyers should make ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Legal Burden Of Proof
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party has no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. It is also known as the onus of proof. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Respondent
A respondent is a person who is called upon to issue a response to a communication made by another. The term is used in legal contexts, in survey methodology, and in psychological conditioning. Legal usage In legal usage, this term specifically refers to the defendant in a legal proceeding commenced by a petitioner, and also to an appellee, or the opposing party, in an appeal from a decision by an initial fact-finder or tribunal. For example in a Court of Appeal case, the respondents are the party facing the appellant, who is challenging a lower court decision or some aspect of it. The respondent may have been the "claimant" or the "defendant" in the lower court. In the United States Senate, the two sides in an impeachment trial are called the management and the respondent. Psychology usage In psychology, respondent conditioning is a synonym for classical conditioning or Pavlovian conditioning. Respondent behavior specifically refers to the behavior consistently elicited ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Appellant
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. Terminology American English and British English have diverged significantly on the topic of appellate terminology. American cases go up "on appeal" and one "appeals from" ( intransitive) or "appeals" ( transitive) an order, award, judgment, or conviction, while decisions of British courts are said to be "under appeal" and one "appeals against" a judgment. An American court disposes of an appeal with words like "judgment affirmed" (the appeal is without merit) or "judgment reversed" (the appeal has merit), while a British court dispose ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Invited Error
An invitation system is a method of encouraging people to join an organization, such as a club or a website. In regular society, it refers to any system whereby new members are chosen; they cannot simply apply. In relation to websites and other technology-related organisations, the term refers to a more specific situation whereby invitations are sent, but there is never any approval needed from other members. Popular alternatives to this specific version are open registration and closed registration. Open registration is where any user can freely join. Closed registration involves an existing member recommending a new member and approval is sought amongst existing members. The basis of the invitation system is that a member can grant approval to a new user without having to consult any other members. Existing members may receive a set number of invitations (sometimes in the form of tokens) to allow others to join the service. Those invited to a website are typically sent either a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Reversible Error
In United States law, a reversible error is an error of sufficient gravity to warrant reversal of a judgment on appeal. It is an error by the trier of law (judge), or the trier of fact (the jury, or the judge if it is a bench trial), or malfeasance by one of the trying attorneys, which results in an unfair trial. It is to be distinguished from harmless errors which do not rise to a level which brings the validity of the judgment into question and thus do not lead to a reversal upon appeal. Reversible error criteria A finding of reversible error requires that one or more of the appellant's "substantial rights" be affected, or the evidence in question be of such character as to have affected the outcome of the trial. (See e.g., Montana Petroleum Tank Release Compensation Bd. v. Crumley's, Inc.', 174 P.3d 948 (Mont. 2008).) The criteria for determining what constitutes a "substantial right" is somewhat vague, however, being that it varies from case to case, each presenting a slight ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Actual Innocence
Actual innocence is a special standard of review in legal cases to prove that a charged defendant did not commit the crimes that they were accused of, which is often applied by appellate courts to prevent a miscarriage of justice. Overview of claims of "actual innocence" In its most literal sense, "actual innocence"—more properly understood as a claim that the prosecution has failed to prove factual guilt beyond a reasonable doubt—is a very commonly raised defense to a crime. Claims of actual innocence may involve disputing that any crime occurred at all, or that the accused was the perpetrator of the criminal act. Arguably, even affirmative defenses such as "self-defense", insanity, or "mistake of fact" qualify as "actual innocence" claims because while in those cases the accused admits to both their identity as the actor and to the existence of the act ("actus reus"), they are claiming that the State cannot prove that they had the requisite mental state ("mens rea") to co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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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, fundamental rights have special significance under the U.S. Constitution. Those rights enumerated in the U.S. Constitution are recognized as "fundamental" by the U.S. Supreme Court. State courts within the United States may define fundamental error rules independently of the federal courts. State fundamental error rules may include errors which violate rights in additional to those rights guaranteed by the U.S. Constitution, but these rules may not infringe upon federal fundamental rights. Any law restricting such a right must both serve a compelling state purpose and be narrowly tailored to that compelling purpose. Judicial errors A fundamental error is a type of legal or judicial error. A judicial error is a mistake by a judge or court. If a majority of a reviewing court, such as an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |