Akademik

er·ror n: an act that through ignorance, deficiency, or accident departs from or fails to achieve what should be done

procedural error 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 error has been done — Moses v. Burgin, 445 F.2d 369 (1971)

— often used without an article

had been error to give the jury special interrogatories — K. A. Cohen ; see also assignment of error, clearly erroneous

◇ 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

◇ 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 and does not warrant reversal or other modification of the lower court's decision on appeal

invited error: an error resulting from a party's own request for or encouragement of an action by the court

◇ A party may not seek relief based on invited error that he or she has induced.

manifest error: an error that is obvious and indisputable and that warrants reversal on appeal

plain error: an obvious and prejudicial error that affects the substantial rights of the parties and that results or probably results in a miscarriage of justice

◇ Plain error warrants reversal on appeal even in the absence of objection to the error at trial.

prejudicial error: an error that affects or presumptively affects the outcome of a trial

reversible error: a substantial and prejudicial error warranting reversal on appeal