Error, Writ Of

The Oxford Companion to the Supreme Court of the United States | 2005 | 700+ words | Copyright

Error, Writ Of At common law, a writ of error lay from an appellate to an inferior court, commanding the latter to send up the record of a case for review of alleged errors of law (not of fact). Review was limited to errors that appeared on the face of the record. The writ of error figured prominently in Supreme Court jurisdiction until the twentieth century, having been established in section 25 of the Judiciary Act of 1789 as the procedural vehicle for review of state court decisions involving federal questions. The functions of the writ of error were transferred to certiorari and appeal by federal legislation of 1916 and 1928, respectively, and the writ is obsolete in federal practice today.

See also Appellate Jurisdiction.

William M. Wiecek

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KERMIT L. HALL. "Error, Writ Of." The Oxford Companion to the Supreme Court of the United States. 2005. Encyclopedia.com. 28 May. 2012 <http://www.encyclopedia.com>.

KERMIT L. HALL. "Error, Writ Of." The Oxford Companion to the Supreme Court of the United States. 2005. Encyclopedia.com. (May 28, 2012). http://www.encyclopedia.com/doc/1O184-ErrorWritOf.html

KERMIT L. HALL. "Error, Writ Of." The Oxford Companion to the Supreme Court of the United States. 2005. Retrieved May 28, 2012 from Encyclopedia.com: http://www.encyclopedia.com/doc/1O184-ErrorWritOf.html

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