Definition
A Writ of Error is a legal instrument used in some jurisdictions to introduce an appeal in civil cases to an appellate court. This writ allows a reviewing court to examine the record of a lower court’s proceedings to determine if there were any legal errors significant enough to warrant a reversal or modification of the lower court’s decision. It is essentially a process to challenge the correctness of a ruling or judgment based on the application and interpretation of the law.
Examples
Example 1: Civil Liability Case
In a case where a lower court has found a defendant liable for damages in a civil suit, the defendant might seek a Writ of Error if they believe the court misinterpreted the law or excluded critical evidence that could have affected the outcome.
Example 2: Contract Dispute
In a contract dispute where one party believes the court misapplied contract law principles, they may request a Writ of Error to get the appellate court to review the legal basis on which the original judgment was made.
Frequently Asked Questions (FAQ)
1. How is a Writ of Error different from an appeal?
- While both are methods of challenging a court’s decision, a Writ of Error specifically focuses on legal mistakes made in applying or interpreting the law.
2. Can a Writ of Error correct factual mistakes?
- No, a Writ of Error reviews legal errors, not factual determinations made by the lower court.
3. Is the usage of Writ of Error common today?
- The use of Writ of Error has declined and, in many jurisdictions, has been replaced by other forms of appeal.
4. What outcomes can result from a Writ of Error review?
- The appellate court can affirm, reverse, or remand the case back to the lower court for further proceedings consistent with the appellate court’s ruling.
5. What happens if a Writ of Error is denied?
- The decision of the lower court stands, and no further action is taken by the appellate court regarding the writ.
Related Terms
Appellate Court:
- A court with the authority to review decisions made by lower courts.
Appeal:
- A request made to a higher court to review and change the outcome of a decision made by a lower court.
Judicial Review:
- The power of courts to assess whether a law is in compliance with the constitution.
Error of Law:
- A mistake made by a judge in applying legal principles during a trial that could be grounds for an appeal.
Online References
- Cornell Law School - Writ of Error
- Legal Information Institute - Writ of Error
- Nolo’s Plain-English Law Dictionary
Suggested Books for Further Studies
- “Civil Procedure: A Modern Approach” by Richard L. Marcus, Martin H. Redish, Edward F. Sherman, and James E. Pfander
- “Appeals to the House of Lords” by D.W.M. Waters
- “The American Judiciary” by Roscoe Pound
Fundamentals of Writ of Error: Business Law Basics Quiz
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