In monetary cases, if the judge realizes that the verdict was in error, it may be reversed. This is true whether the verdict declared the defendant liable or not liable. However, in capital cases, a verdict handed down in favor of the accused may not be reversed.
What kind of error in judgment is reversible? A clear mistake in any Mishnah or a mistake in any ruling in the Talmud is considered a mistake on the part of the judge, and his ruling based on this can be reversed. What kind of error is not reversible? A matter disagreed upon in the Mishnah, then still disagreed in the Talmud, and currently having a clear consensus of the majority of the judges. If our judge ruled against this consensus, his ruling stands and is not reversible, even though it is considered a "mistake in the weighing of opinions."
Art: Cashier Counter with Coins by Gabriel-Germain Joncherie
Thursday, March 18, 2010
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