Legal Definitions - in nullo est erratum

In nullo est erratum is a historical legal phrase from Latin, meaning "in nothing is there error." It was traditionally used in legal proceedings, particularly when one party wanted to challenge the legal sufficiency of an opponent's argument or assert the correctness of a court's prior decision.

By asserting "in nullo est erratum," a party would deny that any legal mistake had been made and would ask the court to rule on a specific point of law based on the existing record. It essentially stated, "We contend there is no error here, and we ask the court to decide the legal question." This phrase was often associated with a "demurrer," a type of pleading that argues that even if the facts presented by the opposing side are true, they do not constitute a valid legal claim.

• Example 1: Challenging a Lawsuit's Legal Basis

  Imagine a scenario where a small business, "Green Gardens Landscaping," is sued by a former client for "breach of contract" because the client was unhappy with the aesthetic outcome of a garden design, even though all specified plants were delivered and services performed according to the written agreement. Green Gardens believes that even if the client's subjective dissatisfaction is true, the complaint does not legally demonstrate a breach of the actual contract terms.

  Historically, Green Gardens' legal team might have filed a pleading asserting "in nullo est erratum." This would signify their position that, even accepting the client's factual claims, there was no legal error in their performance or in the contract itself that would constitute a breach. They would be asking the court to rule that the lawsuit, as presented, lacks a valid legal foundation.

• Example 2: Responding to an Appeal

  Consider a case where a local zoning board approves a new community center, and a group of residents appeals the decision, arguing that the board misinterpreted a specific zoning ordinance regarding building height. The zoning board, however, firmly believes its interpretation and application of the ordinance were entirely correct and legally sound.

  In a historical context, the zoning board's legal counsel might have responded to the residents' appeal by asserting "in nullo est erratum." This would communicate their stance that the board's original decision contained no legal errors in its interpretation or application of the law, thereby asking the appellate court to uphold the board's ruling without finding any fault.

• Example 3: Asserting Procedural Correctness

  Suppose a prosecutor introduces a crucial piece of evidence in a criminal trial, such as a confession. The defense attorney objects, claiming the confession was obtained without proper Miranda warnings, making it inadmissible. The prosecution, however, maintains that all legal protocols for questioning and obtaining the confession were meticulously followed.

  Historically, the prosecution might have asserted "in nullo est erratum" in response to the defense's objection. This would convey their argument that no legal error occurred during the process of obtaining the confession, and they would be asking the judge to rule that the evidence was admissible because all legal procedures were correctly observed.