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Clear error is when the court makes a mistake that is obviously an error, either in fact or in law. For example, in a criminal trial by jury, if the Judge instructs the Jury that they must 'presume that the defendant guilty until proven innocent' instead of the other way round, then that is a clear error in law. (see Woolmington v Director of Public Prosecutions (UK))
What else can I help you with?
What type of court decides only if an error in the law has been made?
Magistrates court
What type of court that decides only if an error in the law has been made is called an?
Appellate court
What does pellet court mean?
The correct term is appellate court. It is a court of appeals, where one goes when you believe a lower court has made an error of law.
The court may reverse its earlier decision because of what?
Error in interpreting or applying the law.Possibly an error in interpreting or applying the law.
What do the attorneys do to take the case to the next level if there is an error of law during the lower level in court?
If the attorney believes he can prove there has been an error in the application of the law or the conduct of the trial, they can appeal it to the next higher level of the court system.
If equitable remedies are only allowed at the discretion of the court what happens when damages are not an adequate remedy?
The court's decision can be appealed to a higher court for review. However, the higher court will only consider matters of law. There must be a legal basis for the appeal such as an error in the trial procedure or the judge's application of the law.
Is an email between a tenant and a landlord considered legally binding in Napa California?
An email or in fact verbal communication can be legally binding in a court of law. If the email is specific and clear, they could be held legally liable in a court of law.
The harmless error doctrine applies to cases involving the admissibility of?
The legal doctrine of harmless error is found in the Federal Rules of Criminal Procedure, extensive case law and state statutes. It comes into use when a litigant appeals the decision of a judge or jury, arguing that an errorof law was made at trial that resulted in an incorrect decision or verdict. The appelate court then must decide whether the error was serious enough to strike down the decision made at trial. Review for harmless error involves a complicated test that applies to state and federal laws as well as rules of procedure. If an error is held to be serious, the appellate court is likely to set aside the decision of the trial court and may order a new trial. If it deems the error harmless, the appellate court affirms the lower court's decision. The doctrine of harmless error thus prevents an unnecessary new trial when the error alleged would not have affected the outcome of the original trial. See: http://www.answers.com/topic/harmless-error
How can I change from civil law court to a common law court?
You can change from civil law court to a common law court by using the True recognition of the autonomy.
In Indiana what are the ways for a 17-year-old to move out legally?
Indiana has no clear law on an age of emancipation, so you have to take it to a court.
What is the court law?
A law court is any officially sanctioned courtroom. Court of Law is just a term for it.
Can a judge's decision be overturned?
Yes, a judge's decision can be overturned on appeal if a higher court finds that the judge made a legal error or misapplied the law.
