Appellate Practice
Harmless Error
An error that does not justify reversal because it did not affect substantial rights or the outcome.
Plain-English definition
Harmless error recognizes that trials are imperfect. Even if the lower court made a mistake, the judgment can stand if the error did not matter enough. Appellate courts ask whether the error affected substantial rights or had a meaningful effect on the verdict or judgment.
How it works
The harmless-error analysis depends on whether the case is civil or criminal and whether the error is constitutional, evidentiary, procedural, or instructional.
Why it matters
Winning the error argument is not enough on appeal. The appellant usually must also show prejudice.
Related terms
More in Appellate Practice
Abuse of Discretion
A deferential appellate standard used when reviewing many trial-management and discretionary decisions.
Affirm
An appellate court's confirmation that the lower court's decision was correct and should stand.
Amicus Curiae
Latin: 'friend of the court.' A non-party who files a brief offering perspective or expertise on a legal question before the court.
Certiorari
A discretionary appellate review, especially the U.S. Supreme Court's review of decisions from lower courts.
Clear Error
A deferential standard for reviewing factual findings, reversed only when the appellate court is firmly convinced a mistake was made.
De Novo Review
An appellate standard where the reviewing court gives no deference to the lower court’s legal conclusion.
Dictum
A statement in a court opinion that is not necessary to the holding and therefore not binding precedent.
En Banc
French: 'on the bench.' A hearing or rehearing before all the judges of an appellate court rather than the usual three-judge panel.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.