Legal Definitions - defendant in error

Definition: Defendant in error is an outdated legal term used in cases on appeal. It refers to the party who won the case in the lower court but is now defending their victory in the higher court.

Example: In a criminal case, the defendant may be found not guilty in the trial court. If the prosecution appeals the decision, the defendant becomes the defendant in error, defending their acquittal in the appellate court.

Explanation: The example illustrates how the defendant in error is the party who won the case in the lower court but is now defending their victory in the higher court. In this case, the defendant was found not guilty in the trial court, but the prosecution appealed the decision. The defendant is now the defendant in error, defending their acquittal in the appellate court.