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Legal Definitions - error in law

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Definition of error in law

An error in law occurs when a court, judge, or administrative body makes a mistake in understanding, interpreting, or applying the relevant legal rules, statutes, or precedents to a case. This type of error is about getting the law wrong, rather than getting the facts wrong. When an error in law is identified, it can often be grounds for an appeal, as it means the legal process or outcome was flawed due to a misapplication of legal principles.

Here are some examples illustrating an error in law:

  • Incorrect Jury Instruction: In a civil lawsuit concerning a breach of contract, the judge instructs the jury that they must find a contract exists even if there was no clear offer and acceptance between the parties. However, established contract law requires a clear offer and acceptance for a valid contract to be formed.

    This is an error in law because the judge misstated a fundamental legal principle of contract formation to the jury. The jury, relying on this incorrect legal guidance, might reach a verdict that is not legally sound, regardless of the actual evidence presented.

  • Administrative Agency Misinterpretation: A state environmental protection agency denies a company's permit application for a new facility, citing a regulation that prohibits construction within 100 feet of a "navigable waterway." The agency interprets a small, seasonal creek on the property as a navigable waterway. However, state law explicitly defines "navigable waterway" as a body of water capable of supporting commercial boat traffic, which the creek clearly is not.

    The agency committed an error in law by misinterpreting the legal definition of "navigable waterway" as provided in the state statute. Their decision to deny the permit was based on an incorrect application of the relevant legal standard.

  • Improper Sentencing: A judge sentences a defendant convicted of a specific non-violent felony to a mandatory minimum prison term of five years. However, the state legislature recently amended the law for that particular felony, removing the mandatory minimum and allowing for probation or a shorter sentence at the judge's discretion.

    This constitutes an error in law because the judge applied an outdated and incorrect sentencing statute. The sentence imposed was not legally permissible under the current law, demonstrating a mistake in applying the correct legal rule.

Simple Definition

An error in law occurs when a court or legal decision-maker incorrectly interprets or applies the relevant legal rules and principles to a case. This type of mistake pertains to the law itself, rather than the facts presented, and can often be grounds for an appeal or reversal of a decision.

A good lawyer knows the law; a great lawyer knows the judge.

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