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Warning
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Simple English definitions for legal terms
assignment of error
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A quick definition of assignment of error:
An assignment of error is a statement that lists the mistakes made by a lower court during a trial. This statement is used by the person who lost the case to ask a higher court to change the decision. It is called an "assignment" because each mistake is assigned a number or letter for easy reference. This is different from a writ of error, which is a formal request for a higher court to review a case.
A more thorough explanation:
Definition: An assignment of error is a statement that specifies the mistakes made by the trial court that the appellant believes led to an unfavorable judgment. The appellant presents this statement to the appellate court, seeking a reversal, vacation, or modification of the judgment.
Example: If a defendant is found guilty of a crime and wants to appeal the decision, they must file an assignment of error. This statement would list the errors made by the trial court during the trial that the defendant believes led to the guilty verdict. For example, the defendant may argue that the trial court allowed inadmissible evidence to be presented or that the jury was not properly instructed on the law.
Another example: In a civil case, if a plaintiff is awarded damages that they believe are too low, they may file an assignment of error. This statement would list the errors made by the trial court that the plaintiff believes led to the low damages award. For example, the plaintiff may argue that the trial court did not properly consider all of the evidence presented or that the damages awarded were not based on the correct legal standard.
These examples illustrate how an assignment of error is used to challenge the decisions made by the trial court and seek a different outcome on appeal.