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writ of error

writ of error

9.9
An official order from a higher court asking a lower court to send trial papers to be checked for mistakes
  • noun
  • /rɪt əv ˈɛrər/
  • Archaic
translation icon : auto de error
  • The lawyer filed a writ of error to challenge the lower court's decision on legal grounds.

Examples

  • After reviewing the writ of error, the judges determined that the trial court had made significant errors in its ruling.

  • A writ of error was granted, compelling the lower court to submit the trial records for review.

  • Historically, a writ of error allowed cases to be re-examined for mistakes in legal procedure.

  • The defense filed a writ of error to challenge the verdict in the appellate court.

  • The lawyer filed a writ of error to challenge the decision.

  • Have you ever heard of a writ of error being granted?

  • The appellate court reviewed the writ of error submitted by the defendant to assess possible legal mistakes.

Synonyms

writ
vswrit of error
  • Formal
33 8.2

A formal written court order telling someone to do or not do something

is the specific appellate order asking for records to examine legal errors
certiorari
vswrit of error
  • Formal
3 9.9

An order from a higher court telling a lower court to send the case file for review

is used to check for legal errors in the earlier trial record
writ of certiorari
vswrit of error
  • Formal
1 9.9

An order from a high court telling a lower court to send case papers for review

is focused on reviewing legal errors from the lower court
judicial writ
vswrit of error
  • Formal
1 8.2

A document from a court that orders someone to do or stop something

is narrower and used only to obtain trial records for error review

Surface Forms

writ of error singular

Morphology

writ + of + error

The expression literally combines 'writ' (a legal document) with 'error' (a mistake), so a learner who knows both words would likely infer it is a legal document concerning an error. However, the precise procedural sense — an appellate order requiring the trial record for review of legal errors — is specialized legal knowledge and not fully predictable from the parts alone, so it is only partially transparent.

Etymology

Writ of error comes from old law where a writ was a written order and error meant a claimed mistake. So a writ of error is an order asking a higher court to look at the trial 'record' because someone says there was a 'mistake'.