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Legal Definitions - point of error

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Definition of point of error

Definition: A point of error is a mistake made by a lower court that is used as a reason for an appeal. It is also known as an alleged mistake.

Example: If a defendant is found guilty of a crime, but they believe that the lower court made a mistake during the trial, they can appeal the decision. They would need to identify the specific point of error, such as the judge allowing inadmissible evidence or the prosecutor making improper statements during closing arguments.

Explanation: The example illustrates how a point of error can be used as a basis for an appeal. The defendant believes that the lower court made a mistake during the trial, and they are appealing the decision based on that mistake. By identifying the specific point of error, the defendant can argue that the mistake affected the outcome of the trial and should be corrected on appeal.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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Simple Definition

Point of error: A mistake made by a lower court that is argued as a reason for an appeal. This is when someone believes that the court made a mistake in their decision and wants a higher court to review the case.

If we desire respect for the law, we must first make the law respectable.

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The difference between ordinary and extraordinary is practice.

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