The Tender For Law

Volume 1

Mar 11, 2013 2:57 AM

Mick Parker

A mistake in a court proceeding concerning a Matter of Law or fact, which might provide a ground for a review of the judgment rendered in the proceeding.

The nature of the error dictates the availability of a legal remedy. Generally speaking, mistaken or erroneous application of law will void or reverse a judgment in the matter. Conversely, errors or mistakes in facts, upon which a judge or jury relied in rendering a judgment or verdict, may or may not warrant reversal, depending upon other factors involved in the error. However, appellate decisions make a distinction�not so much between fact and law, but rather, between harmless error and reversible error�in deciding whether to let stand or vitiate a judgment or verdict.