Appellate Practice
Plain Error
A strict appellate standard for unpreserved errors that were clear and affected substantial rights.
Plain-English definition
Plain error is what an appellant faces after failing to object in the trial court. The error must usually be obvious, affect substantial rights, and seriously affect the fairness, integrity, or public reputation of judicial proceedings. It is a difficult path.
How it works
Plain-error review is common in criminal appeals when no contemporaneous objection preserved the issue. Civil use is more limited and varies by context.
Why it matters
Objections preserve issues. Without preservation, even strong legal points can become nearly impossible to win on appeal.
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A statement in a court opinion that is not necessary to the holding and therefore not binding precedent.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.