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Fatal error in judgment

Fatal error in judgment

Postby miner » Thu Dec 22, 2016 1:31 am

How, please, do the lawyers here interpret a "Fatal Error" in a Judgement?

Does such an error render the judicial decision invalid?
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Re: Fatal error in judgment

Postby atticus » Thu Dec 22, 2016 6:52 am

That would appear to be a ground for appeal.

An order of the court stands until it is set aside. We have had threads about this previously.
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Re: Fatal error in judgment

Postby dls » Thu Dec 22, 2016 12:01 pm

Well, it suggests that the judgment must die.

Any further than that requires more context. Some may describe a judgment as fatally wounded when it isn't.
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Re: Fatal error in judgment

Postby miner » Thu Dec 22, 2016 1:51 pm

dls wrote:Well, it suggests that the judgment must die.

Any further than that requires more context. Some may describe a judgment as fatally wounded when it isn't.


That what the term seems to suggest to me, and thanks for your viewpoint.

If the Court itself deploys the term then does that mean that the judgement can no longer be relied upon?
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Re: Fatal error in judgment

Postby atticus » Thu Dec 22, 2016 2:40 pm

Do you mean judgment, or order?

If judgment, then disapproval by a subsequent court of at least equal status undermines (or worse) the precedent value.

If you mean order - then see my first post.

As dls says, it requires more context.
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