Reversible Error - Law Dictionary Search Results

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reversible error

reversible 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...

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....

abatement

abatement 1 : the act or process of abating or the state of being abated [challenged the of her bequest] [ of a private nuisance by self-help "W. L. Prosser and W. P. Keeton"] 2 : an amount abated : deduction ;esp : a deduction from the full amount of a tax in abatement : subject to termination because of a formal or procedural defect [there shall be no reversal in the Supreme Court…for error in ruling upon matters in abatement "U.S. Code"] ...

procedural

procedural : of or relating to procedure [sentence reversed as result of error in sentencing "National Law Journal"] compare substantive pro·ce·dur·al·ly adv ...

Pardon

Pardon, forgiveness of a crime; remission of punis-hment.The pardoning of criminals is the peculiar preroga-tive of the sovereign. See 4 Steph. Com., 7th Edn.The sovereign may pardon all offences merely against the Crown and the public, excepting: (1) That to preserve the liberty of the subject, the committing any man to prison out of the realm is, by the Habeas Corpus Act (31 Car. 2, c. 2), made a pr'munire (see that title), unpardonable even by the Crown; and (2) that the sovereign cannot pardon where private justice is principally concerned in the prosecution of offenders--'non potest rex gratiam facere cum injuria et damno aliorum.'Neither at Common Law could the sovereign pardon an offence against a penal statute after information brought; for thereby the informer had acquired private property in his part of the penalty. But the Remission of Penalties Act, 1859, enables the Crown to remit penalties for offences, although payable to parties other than the Crown; and a special power...

Review, Bill of

Review, Bill of, was in the nature of proceedings in error, and its object was to procure an examination and alteration or reversal of a final decree in Chancery duly signed and enrolled.The objects of this proceeding may now be attained by an appeal to the Court of Appeal. See APPEAL....

Restitution, Writ of

Restitution, Writ of. If the judgment below was reserved in a court of error, the plaintiff in error might have had a writ of restitution in order that he might be restored to all he had lost by the judgment. If execution on the former judgment had been actually executed, and the money paid over, the writ of restitution issued without any previous scire facias quare restitutionem non, suggesting the matter of fact, viz., the sum levied, etc., must have previously issued. Error is now abolished (Jud. Act, 1875, Ord. LVIII., r. 1). And, generally, if money, etc., be levied under a writ of execution, and the judgment be afterwards reversed or set aside, the party against whom the execution was sued out may have his writ of restitution; but where the judgment is set aside for irregularity, etc., restitution (when necessary) forms part of the rule; and if the goods or money be not restored, the Court will grant an attachment. A writ of restitution may also be awarded when a judgment in ejec...

Appeal

Appeal [fr. appellatio, Lat.; appeller, Fr.]. the judicial examination of the decision by a higher Court of the decision of an inferior Court. Thus there is an appeal from the High Court to the Court of Appeal (see (English) Judicature Act, 1925, s. 27), from the Court of Appeal to the House of Lords (see s. 3 of the (English) Appellate Jurisdiction Act, 1876, c. 59), from the Petty Sessions to Quarter Sessions, where the appeal is by way of retrial (see s. 19 of the (English) Summary Jurisdiction Act, 1879, also Summary Jurisdiction (Appeals) Act, 1933, and SESSIONS OF THE PEACE), from the County Courts to the Court of Appeal (see s. 105 of the County Courts Act, 1934, and next title), and in criminal matters, to the Court of Criminal Appeal under the (English) Criminal Appeal Act, 1907, or under the (English) Crown Cases Act, 1848 (11 & 12 Vict. c. 78). Appeals to the House of Lords in forma pauperis are checked by the (English) Appeal (Forma Pauperis) Act, 1893 (56 & 57 Vict. c. 22)...

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