Erroneous - Law Dictionary Search Results
Home Dictionary Name: erroneousclearly erroneous
clearly erroneous : being or containing a finding of fact that is not supported by substantial or competent evidence or by reasonable inferences [findings of fact…shall not be set aside unless clearly erroneous "Federal Rules of Civil Procedure Rule 52(a)"] see also Amendment VII to the Constitution in the back matter compare abuse of discretion, de novo NOTE: The requirement that findings be clearly erroneous to be set aside is a standard of review used esp. by an appellate court when reviewing a trial judge's (as opposed to a jury's) findings of fact for error. ...
Erroneously refunded
Erroneously refunded, the expression 'erroneously refunded' means of an order which is erroneously made, Geep Flash Light Industries Ltd. v. Union of India, (1976) 4 SCC 677: AIR 1977 SC 456 (458). (Customs Act, 1962, s. 28)...
erroneous
erroneous : containing or characterized by error see also clearly erroneous er·ro·ne·ous·ly adv er·ro·ne·ous·ness n ...
Erroneous in point of law
Erroneous in point of law, connotes a situation where the trial Judge falls into error in any aspect of the case before him which calls for his deter-mination, State of Trinidad and Tobago v. Boyce (PC), (2006) 2 WLR 284: (2006) UKPC 1: (2006) 2 LR 76 (PC) (AC)....
abuse of discretion
abuse of discretion :an error of judgment by a trial court in making a ruling that is clearly unreasonable, erroneous, or arbitrary and not justified by the facts or the law applicable in the case compare clearly erroneous ...
Misrecollect
To have an erroneous remembrance of to suppose erroneously that one recollects...
Fabricating false evidence
Fabricating false evidence, S. 192 (of IPC) defines compendiously the offence of fabricating false evidence. It reads thus:'Whoever causes any circumstances to exist... or makes any document containing a false statement intending that such circumstance..... or false statement may appear in evidence in a judicial proceeding..... and that such circumstance......... or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding, is said to fabricate false evidence, Dr. S. Dutt v. State of U.P., AIR 1966 SC 523 (527): (1966) 1 SCR 493.Whoever causes any circumstance to exist or makes any false entry in any book or record, (or electronic record) or makes any document (or electronic record) containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding,...
de novo
de novo [Medieval Latin, literally, from (the) new] : over again : as if for the first time: as a : allowing independent appellate determination of issues (as of fact or law) [a de novo review] b : allowing complete retrial upon new evidence compare abuse of discretion, clearly erroneous NOTE: A de novo review is an in-depth review. Decisions of federal administrative agencies are generally subject to de novo review in the U.S. District Courts, and some lower state court decisions are subject to de novo review at the next level. ...
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...
ground
ground 1 : the foundation or basis on which knowledge, belief, or conviction rests : a premise, reason, or collection of data upon which something (as a legal action or argument) relies for validity [sued the city on the that the city…had wrongfully released…records "City of Lawton v. Moore, 868 P.2d 690 (1993)"] [listed adultery and alcoholism as the s for divorce] 2 : a piece or parcel of land [the design being to create high for use during overflow periods "Bright v. Perkins, 239 S.W.2d 281 (1951)"] [a sudden disruption of a piece of from one man's land "Porter v. Arkansas Western Gas Co., 482 S.W.2d 598 (1972)"] ground·less adj ground·less·ly adv ground·less·ness n vt : to furnish a ground for : set on a basis [that court ed the disclosure requirement in negligence law "Scott v. Bradford, 606 P.2d 554 (1979)"] [an argument ed on erroneous assumptions] ...
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