Discretion is the power of a judge, public official or private party to act according to the dictates of their own judgment and conscience within general legal principles. In criminal and tort law, discretion is the ability to judge between...
appellate procedure
erroneous
Erroneous means incorrect or wrong; inconsistent with the law or with a given set of facts. It is often used as part of the expression “clearly erroneous,” which is the standard of review appellate courts use for a finding of fact made by a...
error
In general, an error is a mistake or a misconception.
In legal contexts, an error is either a mistake of fact or a mistake of law. In general, a mistake of law will nullify or reverse a judgment in the case. On the other...
estop
To estop means to prevent a party from asserting a claim, right, or argument. Courts estop parties from asserting these claims, rights, or arguments through the process of estoppel.
In the field of contract law, promissory...
estoppel
Estoppel is an equitable doctrine, a bar that prevents one from asserting a claim or right that contradicts what one has said or done before, or what has been legally established as true. Estoppel may be used as a bar to the re-litigation of...
estoppel in pais
Estoppel in pais (also called equitable estoppel) is a defense doctrine that prevents a party from using a right against another party when the right arises out of misleading actions from the person claiming the right. The doctrine arose...
final judgment
Final judgment is the last decision from a court that resolves all issues in dispute and settles the parties' rights with respect to those issues. A final judgment leaves nothing to be decided except decisions on how to enforce the judgment,...
first impression
First impression is a new legal issue or interpretation that is brought before a court. In a case of first impression, the exact issue before the court has not been addressed by that court, or within that court's jurisdiction, thus there is...
harmless error
Harmless error is an error by a trial judge in the conduct of a trial that an appellate court finds was not damaging enough to the appealing party's right to a fair trial to justify reversing the judgment, or to warrant a new trial. Harmless...
held
Held in the context of a legal judgment or pronouncement means decided or ruled, as in "the court held that the contract was valid." The holding of the court is binding, and it can only be set aside by appealing the judgment before a higher...