Fundamental Error - Law Dictionary Search Results

Home Dictionary Name: fundamental error

fundamental error

fundamental error see 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...

Void

Void, 'the erosion of the distinction between juris-dictional errors and non-jurisdictional errors has, correspondingly eroded the distinction between void and voidable decision. The courts have become increasingly impatient with the distinction, to the extent that (1) All official decisions are presumed to be valid until set aside or otherwise held to be invalid by a court of competent jurisdiction', Judicial Review of Administrative Action, De Smith, Woolf and Jowell, 1995 Edn., p. 259-60.Void, denotes 'if an act or decision, or an order or other instrument is invalid, it should, in principal be null and void for all purposes; and it has been said that there are no degrees of nullity. Even though such an act is wrong and lacking in jurisdiction, however, it subsists and remains fullyeffective unless and until it is set aside by a court of competent jurisdiction. Until its validity is challenged, its legality is preserved', Halsbury's Laws of England, 4th Edn., (Re-issue), Vol. 1(1), ...

Salic, or Salique

Salic, or Salique [lex salica, Lat.], an ancient and fundamental law of the kingdom of France, usually supposed to have been made by Pharamond, or at least by Clovis, in virtue of which males only are to reign.It is a popular error to suppose that the Salic law was established purely on account of the succession of the Crown, since it extended to private persons as much as to the royal family.The Salic law had not in view a preference of one sex to the other, much less had it a regard to the perpetuity of a family, a name, or the succession of land. It was purely a law of economy which gave the house, and the land dependent on the house, to the males who should dwell in it, and to whom it consequently was of more service.In proof of this, the title of allodial lands of the Salic law may be thus stated:-(1) If a man die without issue, his father or mother shall succeed him.(2) If he have neither father nor mother, his brother or sister.(3) If he have neither brother nor sister, the sist...

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