Legal Definitions - nullum est erratum

nullum est erratum

This Latin legal phrase translates to "there is no error in the record." It is a formal response made in an appellate court by one party (the appellee) when the other party (the appellant) claims that the lower court made a mistake. When a party asserts nullum est erratum, they are essentially acknowledging the factual statements presented by the appealing party as true. However, they argue that even if those facts are accepted, no legal error occurred in the original court's proceedings or decision that would warrant overturning the judgment. It's a way of saying, "We agree on the facts of what happened, but we disagree that those facts demonstrate a legal mistake requiring the higher court to intervene."

• Example 1: Procedural Ruling Appeal

  Imagine a defendant appeals their conviction, arguing that the trial judge made a mistake by allowing a particular piece of evidence to be presented to the jury. The prosecution, in response, might file a plea of nullum est erratum. They are not disputing that the evidence was admitted (that's a fact). Instead, they are asserting that the judge's decision to admit that evidence was legally correct and within the judge's discretion, and therefore, no legal error occurred that would justify overturning the conviction.

• Example 2: Contract Interpretation Dispute

  Consider a business that appeals a court's ruling in a contract dispute, claiming the trial judge misinterpreted a specific clause in their agreement. The opposing party could respond with nullum est erratum. By doing so, they acknowledge the existence of the contract and the specific clause in question (the facts). However, they argue that the trial judge's interpretation of that clause was legally sound and consistent with contract law, meaning there was no legal error in the judgment.

• Example 3: Administrative Agency Decision

  Suppose a local resident appeals a city planning commission's decision to approve a new development, arguing that the commission failed to properly consider the environmental impact report. The city's legal team might respond with nullum est erratum. They would acknowledge that the environmental report was submitted and reviewed by the commission (the facts). Their argument would be that the commission followed all applicable laws and procedures in evaluating the report and making its decision, and therefore, no legal error was committed that would invalidate the approval.