Legal Definitions - REV'G

REV'G is an abbreviation for Reversing.

In a legal context, "reversing" refers to the action of a higher court (an appellate court) overturning or setting aside a decision made by a lower court. When a higher court reverses a lower court's judgment, it means the appellate court found a significant error in the lower court's proceedings, interpretation of law, or application of facts, and therefore invalidates the original ruling. This often leads to the case being sent back to the lower court for a new trial or further proceedings consistent with the appellate court's decision, or sometimes the appellate court may enter a new judgment.

Here are some examples illustrating the concept of reversing:

• Example 1: Criminal Conviction Overturned
  A defendant was convicted of a crime in a trial court. The defendant's legal team appealed the conviction, arguing that critical evidence used against their client was obtained through an illegal search and seizure, violating their constitutional rights. The appellate court reviewed the trial court's proceedings and agreed that the evidence should have been excluded. As a result, the appellate court reversed the conviction.

  Explanation: In this scenario, the higher court found a significant legal error in the trial court's decision to allow the illegally obtained evidence. By "reversing" the conviction, the appellate court nullified the lower court's guilty verdict, often leading to a new trial without the tainted evidence or, in some cases, a dismissal of charges if there isn't enough other evidence to proceed.

• Example 2: Civil Judgment for Damages
  In a civil lawsuit, a plaintiff was awarded a substantial sum in damages by a trial court after proving a breach of contract. The defendant appealed, arguing that the trial court misapplied a specific state law regarding contract interpretation, which led to an incorrect calculation of damages. The appellate court, after reviewing the legal arguments and the relevant statute, concluded that the trial court indeed misinterpreted the law and that the damages award was therefore erroneous. The appellate court then reversed the judgment for damages.

  Explanation: Here, the appellate court determined that the trial court made a mistake in applying the law to the facts of the case. By "reversing" the judgment, the higher court invalidated the lower court's decision regarding the damages, likely sending the case back for a recalculation of damages based on the correct legal interpretation, or even ordering a new trial on that specific issue.

• Example 3: Administrative Agency Decision
  A state environmental protection agency issued a permit for a new industrial facility. A local community group challenged this decision in court, arguing that the agency failed to conduct a legally required public hearing before issuing the permit. The reviewing court found that the agency had indeed bypassed the mandatory procedural step. The court then reversed the agency's decision to grant the permit.

  Explanation: In this instance, a court is reviewing an administrative body's action rather than a lower court's. By "reversing" the agency's decision, the court effectively nullified the permit, requiring the agency to go back and follow the proper legal procedures, such as holding the public hearing, before it could potentially re-issue the permit.