Legal Definitions - err

Err

In legal terms, to "err" means to make a mistake, to be incorrect, or to act improperly according to established legal principles, procedures, or facts. When a court, a party, or an administrative body errs, it means they have deviated from the correct legal path, misinterpreted a law, or misapplied a rule.

• Example 1: Judicial Error in Procedure

  During a criminal trial, the judge mistakenly allows the prosecution to introduce evidence that was obtained without a proper search warrant. The defense attorney objects, arguing the evidence is inadmissible. If a higher court later reviews the case, it might determine that the trial judge erred by admitting the illegally obtained evidence, which could lead to the conviction being overturned.

  Explanation: The judge made a mistake in applying the rules of evidence and constitutional protections, thereby acting incorrectly according to legal procedure.

• Example 2: Attorney Error in Filing

  A lawyer representing a client in a civil lawsuit fails to file a crucial document, such as a response to a motion, by the court-imposed deadline. As a result, the court rules against the client on that particular motion. The client might later argue that their attorney erred by missing the deadline, potentially leading to a claim of legal malpractice.

  Explanation: The attorney made a mistake by not adhering to the procedural rules and deadlines set by the court, which had negative consequences for their client.

• Example 3: Administrative Body Error in Interpretation

  A local zoning board denies a homeowner's application to build an addition, stating that the proposed structure violates a specific setback requirement in the zoning ordinance. However, upon review, it is discovered that the board misinterpreted the ordinance, and the homeowner's plan actually complies with all regulations. The board erred in its interpretation and application of the zoning law.

  Explanation: The administrative body (the zoning board) made a mistake by incorrectly understanding and applying the relevant legal rule (the zoning ordinance) to the facts of the homeowner's application.