Error in United Kingdom

Definition of Error

In accordance with the work A Dictionary of Law, this is a description of Error :

A mistake of law in a judgment or order of a court or in some procedural step in legal proceedings. A writ of error was formerly used to instruct an inferior court to send records of its proceedings for review by a superior court. It was abolished in civil cases by the Judicature Acts 1873-75 and in criminal cases by the Criminal Appeal Act 1907 and replaced by the modern system of *appeal.

Concept of Error

The following is an old definition of Error [1], a term which has several meanings:1. Lat. A wandering; a mistake; an error. Compare Erratum.Communis error facit jus. A common error makes the law. Long-continued practice, though originally erroneous, establishes the rule of law. A maxim or procedure, purely; briefly stated as the rule of communis error. A received doctrine stall not be overturned or abandoned, even though its soundness in principle may be questioned. ” It is more material that the law should be settled than how it is settled.” ” We are not inclined by a technical exposition of an act to unsettle rights honestly acquired and upon which many persons have rested for years.” The executive branch of a government must necessarily construe the laws which it executes; and its construction, which has been followed for years, without interference by the law-making power, should not be departed from without the most cogent reasons. A long-continued practice under such circumstances ripens into an authoritative construction. The law, in its regard for the public good, goes so far, in some cases, as to hold that communis error facit jus; but courts should be slow to set up a misconception of the law as the law. Long acquiescence in repeated acts of legislation on particular matters is evidence that those matters have been generally considered by the people as properly within legislative control. Such acts are not to be set aside or treated as invalid, because upon a careful consideration of their character doubts may arise as to the competency of the legislature to pass them. See Consensus, Tollit, etc.; Exposmo, Contemporanea, etc

Alternative Meaning

Eng. (1) A mistake; an omission. Clerical error. A failure to reduce the intent of paities to writing, not affecting the intent itself. Attributable to carelessness or miswriting; and dis- regarded or corrected. Also, a mistake of a clerk in preparing a record. See Misprision. (2) An unintentional deviation from the truth in a matter of fact, and from the law in a matter of opinion or decision. Such irregularity, misconception, or wrong application of the law as directs that the proceeding should be reversed on appeal or writ of error.Erroneous. Deviating from the law. What is ” illegal ” lacks authority o? or support from law. ” Erroneons rulings “‘ always mean such as deviate from or are contrary to law. ” Erroneoua ” alone never designates a corrupt or evil act. ” Erroneous and illegal ” means deviating from the law because of a mistaken construction. An ” erroneous judgment ” is rendered according to the course and practice of the courts, but contrary to law. An “irregular judgment” is contrary to the course and practice of the courts. (3) A writ of error: as in saying that error lies or does not lie, that a judgment may be reversed or was reversed “on error,” and in speaking of the plaintiff and the defendant “in error.” Assignment of error; specification of error. The statement of the error which an inferior tribunal is alleged to have committed; also, the paper containing such statement. Spoken of as “cross,” when made upon the same matter as is alleged for error by the opposite party; as “general,” when upon more matters than one; and as “specific,” when upon some one matter in particular. General assignments of error are not tolerated. Court of errors. A court for correcting errors made in administering the law in subordinate tribunals. See Paper, 5. Error coram nobis; error coram vobis. When a writ was had to re-examine a judgment, in a civil or criminal cause, in the court of king’s bench, by that court itself, it was called ” a writ of error coram nobis, ” that is, error before us – the sovereign; when to re-examine a judgment rendered in the common pleas, in a civil case only, by the king’s bench, it was called ” a writ of error coram vobis,” that is, error before you – the chief justice and associates. The writ coram vobis was also brought before the same court in which the error was committed to supply or rectify a mistake of f a?t not put in issue or passed upon by the court; such as the death of a party when the judgment was rendered, coverture of a female party, infancy and failure to appoint a guardian, error in the process, or mistake of the clerk. But if the error was in the judgment itself the writ did not lie. The two expressions are now applied, respectively, to a writ to review proceedings, not carried to judgment, had in the same court (before us), and to a writ issued to bring up for revision a record of what was done in an inferior court.What was formerly done by the writ coram nobis is now attained by motion and affidavit. Error in fact. Such matter of fact, not appearing on the record, as renders the judgment entered unsupportable in law; as, infancy or coverture in a party. A fact that might have been taken advantage of in the court below is not assignable for error; nor is a fact that contradicts the record. Error in law. Any substantial defect in the proceedings not cured by the common law nor by statute, injurious to and not waived by the complainant, and made to ap- pear on the record, is assignable for reversal: also, any incorrect decision on a right of either party, as presented by the pleadings, special verdict, bill of exceptions, or opinion filed. Reviewable errors in law are: those apparent upon the face of the record, – available on general demurrer or in arrest of judgment; and, those brought up by a bill of exceptions,- objections to the admission or rejection of evidence and errors in the charge of the court. Error of fact. When a fact is unknown, or is erroneously supposed to exist. Error of law. When a person is acquainted with the existence or non-existence of a fact, but is ignorant of the legal consequence, he is under an error of law. See Ignorance. No error. The form of the judgment of the court of appeals of Connecticut, affirming the decision of the lower court. Writ of error. A commission by which the judges of one court are authorized to examine a record upon which a judgment was given in another court, and, on such examination, to afSrm or reverse the same according to law. An original writ, and lies only where a party is aggrieved by some error in the foundation, proceedings, judgment, or execution, of a suit in a court of record. The supervisory court is called ” the court of error.” In the nature of a suit or action, when to restore one to the possession of a thing withheld from him. Submits the judgment to re-examination; operates only upon the record – which is removed into the supervisoiy tribunal; is the more usual mode of removing suits at common law, and the more technically proper where a single point of law, and not the whole case, is to be re-examined. Must be regular in form and duly served. To operate as a supersedeas and stay of execution, must be issued and returned within a given period from the date of the judgment. On review nothing is error that is not made to appear on the face of the record. Error will be inferred only when the inference is inevitable. Every error apparent is open to re-examination. A Writ of error lies in all cases where a court of record has given a ” final ” judgment, or made an award in the nature of a judgment, or where a judgment has been arrested, or, on an appeal from a justice, has been dismissed; also, on an award of execution. Proceedings in a court of error assimilate them-selves to proceedings in a court of original jurisdiction. The writ of error in a general way recites the cause of complaint, and it is left to the assignments of error to specify it as a declaration specifies the cause of action. The plea in nulla est erratum raises the issue. Like a declaration, therefore, each assignment must be complete in itself, that is, be self-sustaining. Whatever is part of it must be parcel of it. The burden rests upon the plaintiff to make out his assignments affirmatively. See Erratum. A writ of error lies from inferior criminal jurisdictions to the court of king’s bench, and from the king’s bench to the house of peers; and may be brought for “notorious mistake ” in the judgment or other part of the record, or for an irregularity, omission, or want of form, in the process. . . To reverse a judgment in the case of a misdemeanor, allowed, not of coiuse, but on sufficient probable cause shown to the attorney- general,- then grantable of common right and ex debito Justitice. But a writ to reverse an attainder in a capital case is only allowed ex gratia; and not without express warrant under the king’s sigh-manual, or at least by consent of the attorney -general.^6 See Appeal, 2; Certiorari; Exceptions, 4, Bill of; Prosecute, With effect; Review, 2, Bill of; Supersedeas.

Resources

Notes and References

1. Meaning of Error provided by the Anderson Dictionary of Law (1889)