This article relies largely or entirely on a single source. Relevant discussion may be found on the talk page. Please help improve this article by introducing citations to additional sources. Find sources: "Reversible error" – news · newspapers · books · scholar · JSTOR(December 2019)
In United States law, a reversible error is an error of sufficient gravity to warrant reversal of a judgment on appeal. It is an error by the trier of law (judge), or the trier of fact (the jury, or the judge if it is a bench trial), or malfeasance by one of the trying attorneys, which results in an unfair trial. It is to be distinguished from harmless errors which do not rise to a level which brings the validity of the judgment into question and thus do not lead to a reversal upon appeal.
Reversible error criteriaedit
A finding of reversible error requires that one or more of the appellant's "substantial rights" be affected, or the evidence in question be of such character as to have affected the outcome of the trial. (See e.g., Montana Petroleum Tank Release Compensation Bd. v. Crumley's, Inc., 174 P.3d 948 (Mont. 2008).) The criteria for determining what constitutes a "substantial right" is somewhat vague, however, being that it varies from case to case, each presenting a slightly different interpretation of which rights are essential, or significant enough to warrant this sort of legal protection. Therefore, reversible errors resulting from the violation of an individual's "substantial right(s)" must be considered on an individual basis.[1]
Examples of reversible errorsedit
Reversible errors include, but are not limited to:
Judge did not follow the law.
seating a juror who has manifested impermissible bias to one party or the other,
admitting evidence which should have been excluded under the rules of evidence,
excluding evidence which a party was entitled to have admitted,
failure to declare a mistrial when continuing with trial amounts to a denial of due process, or
conversely, granting a mistrial in a criminal case if the defendant objects, unless the grant was necessary to correct manifest injustice.
If an appellate court determines that reversible error occurred, it may reverse the judgement of the lower court and order a new trial on such terms and conditions as are found to be just. Technically, attorney misconduct is not reversible error. Failure of the judge to remedy it during the trial is reversible error. In cases such as unfairly or illegally concealing evidence, there is no error on the part of the court but the court's decision may still be vacated and the matter returned for a new trial, because there is no other way for justice to be granted.
Notesedit
^Donovan, J. Brad (Winter 1995). "The Substantial Right Doctrine and Interlocutory Appeals". Campbell L. Rev. 17 (1): 71–114.
This legal term article is a stub. You can help Wikipedia by expanding it.
reversible, error, this, article, multiple, issues, please, help, improve, discuss, these, issues, talk, page, learn, when, remove, these, template, messages, examples, perspective, this, article, deal, primarily, with, united, states, represent, worldwide, vi. This article has multiple issues Please help improve it or discuss these issues on the talk page Learn how and when to remove these template messages The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject You may improve this article discuss the issue on the talk page or create a new article as appropriate November 2013 Learn how and when to remove this template message This article relies largely or entirely on a single source Relevant discussion may be found on the talk page Please help improve this article by introducing citations to additional sources Find sources Reversible error news newspapers books scholar JSTOR December 2019 Learn how and when to remove this template message In United States law a reversible error is an error of sufficient gravity to warrant reversal of a judgment on appeal It is an error by the trier of law judge or the trier of fact the jury or the judge if it is a bench trial or malfeasance by one of the trying attorneys which results in an unfair trial It is to be distinguished from harmless errors which do not rise to a level which brings the validity of the judgment into question and thus do not lead to a reversal upon appeal Reversible error criteria editA finding of reversible error requires that one or more of the appellant s substantial rights be affected or the evidence in question be of such character as to have affected the outcome of the trial See e g Montana Petroleum Tank Release Compensation Bd v Crumley s Inc 174 P 3d 948 Mont 2008 The criteria for determining what constitutes a substantial right is somewhat vague however being that it varies from case to case each presenting a slightly different interpretation of which rights are essential or significant enough to warrant this sort of legal protection Therefore reversible errors resulting from the violation of an individual s substantial right s must be considered on an individual basis 1 Examples of reversible errors editReversible errors include but are not limited to Judge did not follow the law seating a juror who has manifested impermissible bias to one party or the other admitting evidence which should have been excluded under the rules of evidence excluding evidence which a party was entitled to have admitted giving an incorrect legal instruction to a jury failure to declare a mistrial when continuing with trial amounts to a denial of due process or conversely granting a mistrial in a criminal case if the defendant objects unless the grant was necessary to correct manifest injustice If an appellate court determines that reversible error occurred it may reverse the judgement of the lower court and order a new trial on such terms and conditions as are found to be just Technically attorney misconduct is not reversible error Failure of the judge to remedy it during the trial is reversible error In cases such as unfairly or illegally concealing evidence there is no error on the part of the court but the court s decision may still be vacated and the matter returned for a new trial because there is no other way for justice to be granted Notes edit Donovan J Brad Winter 1995 The Substantial Right Doctrine and Interlocutory Appeals Campbell L Rev 17 1 71 114 nbsp This legal term article is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Reversible error amp oldid 1150947454, wikipedia, wiki, book, books, library,
