Summary
A void decision is a ruling that is invalid due to a fundamental flaw, making it as if it never existed. A wrong decision is legally valid but incorrect based on facts or law. Fundamental infirmities, such as violations of due process, can render a decision void. A knowingly wrong decision can be both wrong and void if it violates fundamental legal principles. Examples include decisions made without jurisdiction or without giving a party the right to be heard.Full Conversation
what is the difference between a void and wrong decision
A "void" decision is a legal ruling that is deemed invalid due to some fundamental flaw, making it as though the decision never existed. A "wrong" decision, on the other hand, is a ruling that may be legally valid but is considered incorrect based on the facts or the law. It can be challenged through an appeal within a certain timeframe.
what is a fundamental infirmity
In legal terms, a "fundamental infirmity" refers to a significant flaw or error in a legal proceeding that renders a judgement or decision invalid or void. This could be a violation of due process, a procedural error, or a misinterpretation of the law.
how can a decision be legally valid but wrong
A decision can be legally valid but wrong if it was made within the bounds of the law, but may not have accurately interpreted or applied the law to the facts of the case. This could be due to incorrect legal reasoning, a misunderstanding of the facts, or a misinterpretation of the law.
is a knowingly wrong issued decision void or wrong
A knowingly wrong issued decision can be considered both wrong and void. It's "wrong" as it's not correctly applying the law or facts, and it's "void" if it violates fundamental legal principles making it invalid. This can be challenged, often through an appeal process.
what is an example of violating fundamental legal principles
An example of violating fundamental legal principles could be a court's decision made without giving a party the right to be heard, which breaches the principle of natural justice. Or a decision made without jurisdiction, violating the principle of legality.
is a knowingly wrong decision issued by a state appellate division wrong or void
A knowingly wrong decision issued by a state appellate division can be considered both wrong and void. It's "wrong" because it's not correctly applying the law or facts, and "void" if it violates fundamental legal principles causing it to be invalid. This can be challenged through further appeal process.