Arbitrary, Capricious and Unreasonable - Appellate Review in The United States - Plain Error

Plain Error

Plain error is a special standard of review used to determine when an appellate court can review an "unpreserved" error, that is, mistakes made by the lower court that were not objected to as the law requires. In such a case, the appellate court may still choose to look at the lower court's mistake even though there was no objection, if the appellate court determines that the error was evident, obvious, and clear and materially prejudiced a substantial right, meaning that it was likely that the mistake affected the outcome of the case below in a significant way.

In federal court, if a party commits forfeiture of error, e.g. by failing to raise a timely objection, then on appeal, the burden of proof is on that party to show that plain error occurred. If the party did raise a timely objection that was overruled, then on appeal, the burden of proof is on the other party to show that the error was harmless error. This approach is dictated by Federal Rule of Criminal Procedure 52, which holds, "ny error, defect, irregularity, or variance that does not affect substantial rights must be disregarded, plain error that affects substantial rights may be considered even though it was not brought to the court's attention." The appellate court has discretion as to whether or not to correct plain error. Usually the court will not correct it unless it led to a brazen miscarriage of justice.

Read more about this topic:  Arbitrary, Capricious And Unreasonable, Appellate Review in The United States

Other articles related to "plain error, error":

Standard Of Review - Appellate Review in The United States - Plain Error
... Plain error is a special standard of review used to determine when an appellate court can review an "unpreserved" error, that is, mistakes made by the lower court that were not ... even though there was no objection, if the appellate court determines that the error was evident, obvious, and clear and materially prejudiced a substantial right, meaning that it was ... In federal court, if a party commits forfeiture of error, e.g ...

Famous quotes containing the words error and/or plain:

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