Assignment Of Errors - Law Dictionary Search Results
Home Dictionary Name: assignment of errorsAssignment of errors
Assignment of errors, the formal statement of the objection or error in the record complained of. See ERROR....
assignment of error
assignment of error :a declaration by a party to a legal action specifying the errors made by the court during the trial that the party seeks to have corrected (as by a new trial) ...
error
error : an act that through ignorance, deficiency, or accident departs from or fails to achieve what should be done [procedural s] ;esp : a mistake made by a lower court in conducting judicial proceedings or making findings in a case [to compel to conclusion that a manifest has been done "Moses v. Burgin, 445 F.2d 369 (1971)"] often used without an article [had been to give the jury special interrogatories "K. A. Cohen"]; see also assignment of error, clearly erroneous NOTE: 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 NOTE: A clear error may or may not warrant reversal. fundamental error : plain error in this entry used esp. in criminal cases harmless error : an error that does not affect a substantial right or change the outcome of a trial a...
Confessing error
Confessing error, the affirmative plea to an assignment of error....
Assign
Assign, variously applied; generally to transfer property, especially personal estate, or set over a right to another, or appoint a deputy; to set forth, as to assign error, false judgment; to new assign was, under the old practice, a pleading by the plaintiff following the defendant's plea wherein the plaintiff pointed out the exact grievance meant to be complained of in his declaration, and not met by the defendant in his plea. The Judges are said to be assigned to take assizes. See ASSIGNMENT....
Reversal of judgment
Reversal of judgment. A judgment might have been reversed without a writ of error, for matters foreign to or dehors the record, i.e., not apparent upon the face of it, so that they could not be assigned for error in the superior courts, or by writ of error, which lay from all inferior jurisdictions to the King's Bench and thence to the Exchequer Chamber and the House on Lords. It was brought for mistakes as to matters of substance, appearing in the judgment or other parts of the record. See Steph. Com., 7th Edn., iii. 579; iv. 463. See now R.S.C. Ord. LVIII....
assign
assign 1 : to transfer (property or rights) to another [the general practice by inventors of ing patent rights "J. K. Owens"] 2 : to appoint to a post or duty [ed to represent the defendant] 3 : to fix or specify in relationship or correspondence [no party may as error the giving or the failure to give an instruction unless that party objects thereto "Federal Rules of Civil Procedure Rule 51"] as·sign·abil·i·ty [ə-sī-nə-bi-lə-tē] n as·sign·able [ə-sī-nə-bəl] adj as·sign·or [ə-sī-nər] n n : assignee ...
Clerical error
Clerical error, an error in a document which can only be explained by considering it to be a slip or mistake of the party preparing or copying it. Clerical errors in judgments or orders may be corrected by the Court or a judge under R.S.C. Ord. XXVIII., r. 11, and in awards, by the arbitrator, under the Arbitration Act, 1889 (52 & 53 Vict. c. 49), s. 7; and for the inherent right of a Court to correct an error or supply an accidental omission, see Milson v. Carter, 1893 AC 640.As to contracts, clerical errors have frequently been corrected by application of the maxims, Qui h'ret in litera, h'ret in cortice, or, Mala grammctica non vitiat chartam. A clerical error in a lease for ninety-four years at a yearly rent 'during the said term of ninety-one years and a quarter' was corrected by the counterpart into ninety-one years and a quarter, in Burchell v. Clark, (1876) 2 CPD 88, by a majority of the Court of Appeal; and see Spyve v. Topham, (1802) 3 East 115; and other cases showing that c...
assignment
assignment 1 : the act of assigning 2 a : a position, post, or office to which one is assigned b : a task assigned 3 : a present transfer of property or rights absolute assignment : an assignment in which the transfer is complete and leaves the assignor with no interest in the property or right transferred assignment for the benefit of creditors : assignment of property by a debtor to an assignee to be held in trust and used to pay off the debtor's debts assignment of income : an assignment by one taxpayer to another of income for the purpose of avoiding taxes assignment of lease : an assignment by a tenant of all of his or her remaining rights in a property under a lease compare sublease effective assignment : an assignment by which the assignor's interest in the property or right being assigned is terminated and transferred to the assignee equitable assignment : an assignment (as of property in which one has a future interest) that is not valid at law but that would be u...
Assignment
Assignment, 'assignment' means an assignment in writing by act of the parties concerned. [Semiconductor Integrated Circuits Layout-Design Act, (37 of 2000), s. 2(b)]'Assignment' means the transfer of the claim, right or property to another, C.G.T. v. Ms Getti Chettiar, (1971) 2 SCC 741: AIR 1971 SC 2410 (2413). [Gift-tax Act, 1958 s. 2(XXIV)]A transfer of an estate or interest in property. The usual operative verb is 'assign,' but any other word indicating an intention to make a complete transfer, e.g., 'convey,' will amount to an assignment.Assignment by Lessor or Lessee, Effect of. A lessor, notwithstanding assignment of his reversion, continues liable to his lessee on covenants running with the land, Stuart v. Joy, 1904 (1) KB 362, and so does a lessee to his lessor, notwithstanding assignment of his term, Barnard v. Godscall, (1613) Cro. Jac. 309. The assignee of a term is liable equally with the lessee (though the lessor cannot recover against both) during his possession, but unle...
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