Fundamental error

Fundamental error is a legal term provided by United State Courts to describe an error which occurs whenever a judgement violates a federal fundamental right. In United States constitutional law, fundamental rights have special significance under the U.S. Constitution. Those rights enumerated in the U.S. Constitution are recognized as "fundamental" by the U.S. Supreme Court. State courts within the United States may define fundamental error rules independently of the federal courts. State fundamental error rules may include errors which violate rights in additional to those rights guaranteed by the U.S. Constitution, but these rules may not infringe upon federal fundamental rights. Any law restricting such a right must both serve a compelling state purpose and be narrowly tailored to that compelling purpose.

A fundamental error is a type of legal or judicial error. A judicial error is a mistake by a judge or court. If a majority of a reviewing court, such as an appellate court, finds an error or errors which impacts the result, the higher court may reverse the lower court's error in whole or in part (the entire judgment or a part of it), and remand (send it back) with instructions to the lower court.

There are various types of errors which fall under two groups: harmless errors and plain errors. Errors which have no prejudicial impact on the rights of a party are deemed harmless errors. Higher courts will not reverse or remand the lower court's decision for harmless errors. A plain error is an error that is obvious and affects "the fairness, integrity or public reputation of judicial proceedings". Plain errors are typically reversible errors. Higher courts will always reverse or remand the lower court's decision for reversible errors.

Fundamental errors are both plain errors and reversible errors. Fundamental errors are similar to substantial errors; however, the definition of a "substantial error" may differ slightly among the courts. A fundamental error is consistent among all US Courts as these errors violate the fundamental rights guaranteed by the US Constitution. In other words, all substantial errors are not necessarily fundamental errors, but all fundamental errors are substantial errors.

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