Maxim 8.8.29
Judgment in error is a judgment rendered by a court of error on a record sent up from an inferior court.
Source: Black's, 666; Weisman, 64r
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) A judgment in error is the decision of an appellate court reviewing the record of a lower court for legal mistakes — it is the mechanism by which errors of law are corrected.
Where this applies
- A convicted defendant appeals to a higher court, which reviews the trial record for legal errors — this appellate review is a judgment in error.
- A state supreme court examines the transcript and rulings from a lower court's trial to determine whether the judge applied the wrong legal standard.
- An appellate panel reviews a case on the record alone, looking for mistakes of law made by the trial court, and issues a judgment in error reversing the conviction.
Legal domains
Cite this maxim
NeCede Max. 8.8.29 — Judgment in error is a judgment rendered by a court of error on a record sent up from an inferior court. — Black's, 666; Weisman, 64r
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