Legal Definitions - assignment of error

An assignment of error refers to a formal, written statement submitted by a party who is appealing a court decision. This document specifically lists and explains the alleged mistakes or legal missteps that the trial court judge made during the original proceedings. The party appealing, known as the appellant, relies on these identified errors to argue why the higher appellate court should overturn, modify, or send the original judgment back for reconsideration.

Here are some examples illustrating how an assignment of error might be used:

• Imagine a civil lawsuit where a judge disallowed a key piece of expert testimony, believing it was irrelevant. The losing party believes this exclusion was a critical mistake that prevented them from presenting their full case. Their legal team would file an assignment of error, detailing why the judge's decision to exclude that specific expert testimony was legally incorrect and prejudiced their ability to receive a fair trial. They would argue that this error warrants the appellate court to reverse the trial court's judgment.

• Consider a criminal trial where the defense attorney believes the judge gave the jury confusing or legally inaccurate instructions regarding the definition of "reasonable doubt." After the defendant is convicted, the defense decides to appeal. In their appeal, they would include an assignment of error specifically pointing out the problematic jury instructions, explaining how these instructions likely misled the jury and contributed to the wrongful conviction. They would ask the appellate court to vacate the conviction and order a new trial.

• Suppose a business loses a contract dispute because the trial judge applied a specific state law in a way that the losing business believes was a misinterpretation of that law's intent. When appealing, the business's lawyers would submit an assignment of error arguing that the trial judge's application of the contract law was fundamentally flawed. They would present legal arguments and precedents to convince the appellate court that the judge's legal error led to an incorrect outcome and that the judgment should be modified or reversed.