writ of error

Thân thiện

The attorney filed a writ of error to challenge the lower court's decision.

Definition

Noun: A formal written order, issued by an appellate court, that commands a lower court to send up the complete record of a trial for review. This writ is used to correct errors of law that are apparent on the record, without re-examining the facts of the case.

Usage

A "writ of error" is a specific legal procedure used to initiate an appeal. It is filed by the party alleging an error (the plaintiff in error) and is directed at the court that rendered the judgment. The writ compels the lower court to provide its official record so the appellate court can examine it for legal mistakes.

Examples

• The defense attorney filed a writ of error to challenge the judge's interpretation of the statute.
• The appellate court granted the writ of error, ordering the trial court to transmit the full transcript and evidence.
• Historically, a writ of error was a common method for reviewing judgments in civil cases.

Advanced Usage

• "Writ of error coram nobis": A rare and related writ asking the court that rendered judgment to correct an error of fact that was not known at the time of trial and that would have prevented the judgment.
• In modern U.S. federal procedure and many state systems, the formal "writ of error" has largely been replaced by simpler statutory procedures for filing a "notice of appeal." However, the term is still used in some jurisdictions and remains important for understanding historical and certain contemporary legal texts.

Variants and Related Words

• Appeal (n): The general process of seeking review of a lower court's decision by a higher court. A "writ of error" is one specific mechanism to initiate an appeal.
• Mandamus (n): A writ ordering a public official or body to perform a mandatory duty.
• Certiorari (n): A writ from a higher court asking a lower court for the record of a case. Unlike a writ of error (which is often a matter of right for final judgments), certiorari is typically discretionary.

Synonyms

• Judicial writ
• Appellate writ
• Order to produce the record

Related Phrases

• To sue out a writ of error: The formal act of applying for and obtaining the writ from the appellate court.
  • The convicted party sought to sue out a writ of error.
• Return to a writ of error: The lower court's formal response and submission of the required record to the appellate court.
  • The court clerk prepared the return to the writ of error.

Học thuật

Noun

1. a judicial writ from an appellate court ordering the court of record to produce the records of trial