Reversal in the United States

The setting aside of a lower court judgment by an appellate court. A reversal changes the outcome of a case because of some error made in processing the case at a lower level. For example, a criminal conviction may be reversed because the jury became aware of some improperly obtained evidence. Since the appeals court cannot determine the extent to which such an error contributed to the conviction, the outcome must be reversed altogether. Another term with essentially the same meaning as reverse is vacate. If a lower court judgment is vacated, the effect is to leave it or set it aside.

See Also

Overrule (Apellate Judicial Process) Remand (Apellate Judicial Process) Vacate (Apellate Judicial Process).

Analysis and Relevance

A reversal occurs when a losing party successfully challenges a lower court ruling at the appellate level. In order to have a lojyer court reversed, an appealing party must show one of two things: a procedural error occurred that might have influenced the outcome, or the law or regulation applied in the case is unconstitutional. An unreasonable search is an example of a procedural error. This kind of error typically occurs in criminal, as opposed to civil, cases. If a trial judge erred in allowing certain search evidence to be placed before a jury, a conviction based at least in part on that search evidence would require reversal. The claimed defect in the lower court proceeding may not be procedural, however. Rather, the problem may by substantive. A conviction for disturbing the peace, for example, may be challenged on First Amendment grounds if the disturbance was caused by political expression. Reversals on either procedural or substantive grounds are rare. Most laws do not lend themselves to attack because of unreasonable regulation of conduct.

Neither do trial courts frequently make reversible errors. In any event, a case will not be reversed simply because the losing party is displeased with the outcome. A specific point of law, procedural or substantive, is a necessary ingredient of an appeal that might produce a reversal.

Notes and References

1. Definition of Reversal from the American Law Dictionary, 1991, California

Reversal Definition

In International Law. A declaration by which a sovereign promises that he will observe a certain order, or certain conditions, which have been once established, notwithstanding any changes that may happen to cause a deviation therefrom; as, for example, when the French court consented for the first time, in 1745, to grant to Elizabeth, the czarina of Russia, the title of empress, it exacted as a reversal a declaration purporting that the assumption of the title of an imperial government by Russia should not derogate from the rank which Prance had held towards her. Letters by which a sovereign declares that, by a particular act of his, he does not mean to prejudice a third power. Of this we have an example in history. Formerly the emperor of Germany, whose coronation, according to the Golden Bull, ought to have been solemnized at Aix-Ia-Chapelle, gave to that city, when he was crowned elsewhere, reversals, by which he declared that such coronation took place without prejudice to its rights, and without drawing any consequences therefrom for the future.
In Practice. The decision of a superior court by which the judgment, sentence, or decree of the inferior court is annulled.

Reversal in Foreign Legal Encyclopedias

Back to Top

For starting research in the law of a foreign country:

Browse the American Encyclopedia of Law for Reversal

Scan Reversal in the appropriate area of law:

Back to Top

Explore other Reference Works

Back to Top

Legal Issue for Attorneys

In International Law. A declaration by which a sovereign promises that he will observe a certain order, or certain conditions, which have been once established, notwithstanding any changes that may happen to cause a deviation therefrom; as, for example, when the French court consented for the first time, in 1745, to grant to Elizabeth, the czarina of Russia, the title of empress, it exacted as a reversal a declaration purporting that the assumption of the title of an imperial government by Russia sh
ould not derogate from the rank which Prance had held towards her. Letters by which a sovereign declares that, by a particular act of his, he does not mean to prejudice a third power. Of this we have an example in history. Formerly the emperor of Germany, whose coronation, according to the Golden Bull, ought to have been solemnized at Aix-Ia-Chapelle, gave to that city, when he was crowned elsewhere, reversals, by which he declared that such coronation took place without prejudice to its rights, and without drawing any consequences therefrom for the future.
In Practice. The decision of a superior court by which the judgment, sentence, or decree of the inferior court is annulled.

More Resources

• Access Points
• Thesaurus
• Index
• Historical Collections
• Glossary
• Notice

Access to the Encyclopedia is provided by alphabetical arrangement of entries, table of cases, table of laws, briefs and tables of contents.

Because some legal concepts are too complicated to compress to a single word or term, the legal thesaurus dictionary allows the reader to search for groups of terms, including synonyms, antonyms, expanded legal meanings and other terms the reader is likely to use. The resource includes lists, synonym rings , subject categories, taxonomies and a number of schemes.

The Index is a collection of entries to allow users to locate information in the Lawi Projects. After write down relevant words and phrases that you need, begin looking up the words and phrases using the index until you have located an applicable subject to review.

Indexes of All Encyclopedias:
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | Z

This definition of Reversal Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Own Motion Review by the Appeals Council of Alj’s Reversal (in Disability Claims)

Some information about Own Motion Review by the Appeals Council of Alj’s Reversal in this context.