Reversible error
Encyclopedia
In law
, a reversible error 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 attorney
s which results in an unfair trial
. It is to be distinguished from harmless error
s that do not rise to a level that bring the validity of the judgment into question and thus do not lead to a reversal upon appeal.
A finding of reversible error requires that substantial right of the appellant 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)
Reversible errors include, but are not limited to:
If an appellate court
determines that reversible error occurred, it may reverse the judgment 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.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, a reversible error is an error by the trier of law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
(judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
) or the trier of fact (the jury or the judge if it is a bench trial
Bench trial
A bench trial is a trial held before a judge sitting without a jury. The term is chiefly used in common law jurisdictions to describe exceptions from jury trial, as most other legal systems do not use juries to any great extent....
) or malfeasance
Malfeasance
The expressions misfeasance and nonfeasance, and occasionally malfeasance, are used in English law with reference to the discharge of public obligations existing by common law, custom or statute.-Definition and relevant rules of law:...
by one of the trying attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s which results in an unfair trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
. It is to be distinguished from harmless error
Harmless error
A harmless error is a ruling by a trial judge that, although mistaken, does not meet the burden for a losing party to reverse the original decision of the trier of fact on appeal, or to warrant a new trial. Harmless error is easiest to understand in an evidentiary context...
s that do not rise to a level that bring the validity of the judgment into question and thus do not lead to a reversal upon appeal.
A finding of reversible error requires that substantial right of the appellant 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)
Reversible errors include, but are not limited to:
- 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 juryJury instructionsJury instructions are the set of legal rules that jurors should follow when the jury is deciding a civil or criminal case. Jury instructions are given to the jury by the jury instructor, who usually reads them aloud to the jury...
- Failure to declare a mistrial when continuing with trial amounts to a denial of due process
- 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
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...
determines that reversible error occurred, it may reverse the judgment 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.