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Dictionary of Law |
harmless error :: legal definitionHarmless error - n. an error by a judge in the conduct of a trial which an appellate court finds is not sufficient for it to reverse or modify the lower court's judgment at trial. Harmless error would include: a technical error which has no bearing on the outcome of the trial, an error that was corrected (such as allowing testimony and then ordering it stricken and admonishing the jury to ignore it), the issue affected by the error was found in the appellant's favor (such as hearsay evidence on premeditation, but the jury found no premeditation), and the appeals court's view that even though there were errors the appealing party could not have won in trial in any event. This last gives the appeals court broad latitude to rule that errors were not significant. It is frustrating to appealing parties and their attorneys for the appeals court to rule that there were indeed several errors, and then say: "However, they appear to be harmless." See also: error and Related Law Terms ↓ Related Law Termsabuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court. appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance appellate court :: n. a court of appeals which hears appeals from low ... court of appeals. See also: appeal arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision. attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases. case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent charge :: n. 1) in a criminal case, the specific statement o ... trial judge. 3) a fee for services. clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will complaint :: n. the first document filed with the court (actual ... g prayer service of process summons constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence cost bill :: n. a list of claimed court costs submitted by the ... also: court costs prevailing party court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party court of appeals :: n. any court (state or federal) which hears appeal ... eals courts. See also: appeal court Court of Customs and Patent Appeals :: n. a federal court established (1929) to hear appe ... lso: Customs Court patent trademark Customs Court :: n. a federal court established (1926) to hear appe ... Court of Customs and Patent Appeals declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict discovery :: n. the entire efforts of a party to a lawsuit and ... ee also: deposition interrogatories dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing. expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony fact :: n. an actual thing or happening, which must be pro ... dge if he/she sits without a jury). final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her. gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay hung jury :: n. slang for a hopelessly deadlocked jury in a cri ... also: dismissal jury mistrial trial indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding interpleader :: n. the procedure when two parties are involved in ... e claimants fight over it in court. interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue juror :: n. any person who actually serves on a jury. Lists ... : Grand Jury jury jury panel venire jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury jury tampering :: n. the crime of attempting to influence a jury thr ... e also: jury subornation of perjury jury trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:." mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. nisi prius :: : (nee-see pree-us) adj. Latin for "unless first," ... : original jurisdiction trial court nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ plain error :: n. a mistake by the trial court found by a court o ... ire reversal of the trial decision. plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun. pro hac vice :: : (proh hock vee-chay) prep. Latin for "this time ... association with a local attorney. procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand reply brief :: n. the written legal argument of the respondent (t ... ee also: appeal appellee respondent request :: 1) v. to ask or demand a judge to act (such as iss ... n. the act of asking or demanding. respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle severance :: n. 1) a separating by court order, such as separat ... le a potential claim for discharge. shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court. stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction transcript :: n. the written record of all proceedings, includin ... unless transcription is requested. trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. trial court :: n. the court which holds the original trial, as di ... a court of appeals. See also: trial trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments. venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial. Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - Hhabeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.habitable :: adj. referring to a residence that is safe and can ... rent. See also: landlord and tenant habitual criminal :: n. under the statutes of many states, a person who ... r any further criminal convictions. half blood :: 1) adj. sharing one parent only. 2) n. a half brot ... icularly Native American and white. harass :: (either harris or huh-rass) v. systematic and/or c ... also: harassment sexual harassment harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family." headnote :: n. the summary of the key legal points determined ... not the court's. See also: reports hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial hearsay :: n. 1) second-hand evidence in which the witness is ... t or gossip. See also: hearsay rule hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay heat of passion :: n. in a criminal case, when the accused was in an ... oing. See also: manslaughter murder heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will heir apparent :: n. the person who is expected to receive a share o ... isinherited by will. See also: heir heiress :: n. feminine heir, often used to denote a woman who ... in the "department store heiress." heirs of the body :: n. descendants of one's bloodline, such as childre ... nal owner. See also: heir reversion held :: v. decided or ruled, as "the court held that the c ... See also: decision judgment ruling hereditament :: n. any kind of property which can be inherited. Th ... till found in some wills and deeds. hidden asset :: n. an item of value which does not show on the boo ... ets on a profit and loss statement. |