Clerical error
Encyclopedia
A clerical error is an error on part of an office worker, often a secretary
or personal assistant
. It is a phrase which can also be used as an excuse to deflect blame away from specific individuals, such as high powered executives, and instead redirect it to the more anonymous clerical staff.
A clerical error in a legal document is called a scrivener's error.
concerning the proper treatment of a scrivener's error. For example, where the parties to a contract
make an oral agreement that, when reduced to a writing, is mis-transcribed, the aggrieved party is entitled to reformation so that the writing corresponds to the oral agreement.
A scrivener's error can be grounds for an appellate court
to remand a decision back to the trial court. For example, in Ortiz v. State of Florida, Ortiz had been convicted of possession of less than 20g
of marijuana, a misdemeanor
. However, Ortiz was mistakenly adjudicated guilty of a felony
for the count of marijuana possession . The appellate court held that "we must remand the case to the trial court to correct a scrivener's error."
Secretary
A secretary, or administrative assistant, is a person whose work consists of supporting management, including executives, using a variety of project management, communication & organizational skills. These functions may be entirely carried out to assist one other employee or may be for the benefit...
or personal assistant
Personal assistant
A personal assistant or personal aide is someone who assists in daily business or personal tasks. It is common in design to have a PDA, or personal design assistant....
. It is a phrase which can also be used as an excuse to deflect blame away from specific individuals, such as high powered executives, and instead redirect it to the more anonymous clerical staff.
A clerical error in a legal document is called a scrivener's error.
In law
There is a considerable body of case lawCase law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
concerning the proper treatment of a scrivener's error. For example, where the parties to a contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
make an oral agreement that, when reduced to a writing, is mis-transcribed, the aggrieved party is entitled to reformation so that the writing corresponds to the oral agreement.
A scrivener's error can be grounds for an appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
to remand a decision back to the trial court. For example, in Ortiz v. State of Florida, Ortiz had been convicted of possession of less than 20g
Gram
The gram is a metric system unit of mass....
of marijuana, a misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
. However, Ortiz was mistakenly adjudicated guilty of a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
for the count of marijuana possession . The appellate court held that "we must remand the case to the trial court to correct a scrivener's error."
Notable clerical errors
- The attack on Pearl HarborAttack on Pearl HarborThe attack on Pearl Harbor was a surprise military strike conducted by the Imperial Japanese Navy against the United States naval base at Pearl Harbor, Hawaii, on the morning of December 7, 1941...
was allegedly not supposed to be a surprise attack. The Japanese had intended to deliver a note declaring both war and their intentions at Pearl Harbor to the United States prior to the attack, but due to a clerical mishap the note was delivered late. - 18½ minutes of the infamous "Watergate tapesWatergate tapesThe Watergate tapes, a subset of the Nixon tapes, are a collection of recordings of conversations between Richard Nixon and his fellow conspirators plotting a break in to the Watergate Hotel. U.S. President Richard Nixon and various White House staff started communicating on February 1971 and...
" were, allegedly, accidentally erased by Richard NixonRichard NixonRichard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
's secretary in a clerical error which may have very well changed the course of American history.