manifest error
An error that is plain and indisputable, and that amounts to a complete disregard of the controlling law or the credible evidence in the record. [Cases: Appeal and Error 999(1), 1008.1(7). C.J.S. Appeal and Error §§ 784, 805, 810.]
An error that is plain and indisputable, and that amounts to a complete disregard of the controlling law or the credible evidence in the record. [Cases: Appeal and Error 999(1), 1008.1(7). C.J.S. Appeal and Error §§ 784, 805, 810.]
manifest-error-or-clearly-wrong rule. In some jurisdictions, the doctrine that an appellate court cannot set aside a trial court’s finding of fact unless a review of the entire record reveals that the finding has no reasonable basis. [Cases: Appeal and Error 999(1), 1008.1(5, 7).C.J.S. Appeal and Error §§ 784, 805, 810.]
manifest error or clearly wrong rule Read More »
An error by the trial court that has an identifiably negative impact on the trial to such a degree that the constitutional rights of a party are compromised. • A manifest constitutional error can be reviewed by a court of appeals even if the appellant did not object at trial.
manifest constitutional error Read More »
obvious error. A standard of review that applies to unobjected-to actions and omissions at trial that are so seriously prejudicial as to result in manifest injustice.
manifest injustice. An error in the trial court that is direct, obvious, and observable, such as a defendant’s guilty plea that is involuntary or that is based on a plea agreement that the prosecution rescinds. [Cases: Criminal Law 273.1(2), 274(3.1). C.J.S. Criminal Law §§ 365–374.]
manifest injustice Read More »
manifest-disregard doctrine. The principle that an arbitration award will be vacated if the arbitrator knows the applicable law and deliberately chooses to disregard it, but will not be vacated for a mere error or misunderstanding of the law. [Cases: Arbitration 63. 1.]
manifest disregard doctrine Read More »
manifest weight of the evidence. A deferential standard of review under which a verdict will be reversed or disregarded only if another outcome is obviously correct and the verdict is clearly unsupported by the evidence. Cf. WEIGHT OF THE EVIDENCE . [Cases: Appeal and Error 1003(7), 1012.1(5); Criminal Law 1159.2(2).]
manifest weight of the evidence Read More »
altering or amending a judgment. A trial court’s act of correcting a substantive mistake in a judgment, as by correcting a manifest error of law or fact. Fed. R. Civ. P. 59(e). [Cases: Federal Civil Procedure 2641–2662.]
altering or amending a judgment Read More »
motion to alter or amend the judgment. A party’s request that the court correct a substantive error in the judgment, such as a manifest error of law or fact. • Under the Federal Rules of Civil Procedure, a motion to alter or amend the judgment must be filed within ten days after the judgment is
motion to alter or amend the judgment Read More »
affirmance, n. 1. A ratification, reacceptance, or confirmation. “A party who has the power of avoidance may lose it by action that manifests a willingness to go on with the contract. Such action is known as ‘affirmance’ and has the effect of ratifying the contract. See Restatement of Restitution § 68. The rule stated in