Invited error refers to a trial court's

error An error (from the Latin ''error'', meaning "wandering") is an action which is inaccurate or incorrect. In some usages, an error is synonymous with a mistake. The etymology derives from the Latin term 'errare', meaning 'to stray'. In statistics ...

against which a party cannot complain to an

appellate court A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...

because the party encouraged or prompted the error by its own conduct during the trial. The original goal of the invited error doctrine was to prohibit a party from setting up an error at trial and then complaining of it on appeal.''State v. Pam'', 101 Wn.2d 507, 680 P.2d 762 (1984) In ''State v. Pam'', the State of Washington intentionally set up an error in order to create a

test case In software engineering, a test case is a specification of the inputs, execution conditions, testing procedure, and expected results that define a single test to be executed to achieve a particular software testing objective, such as to exercise ...

for appeal. Since then, the doctrine has been applied even in cases where the error resulted from neither negligence nor bad faith. See, e.g., "Under the doctrine of 'invited error' a party cannot successfully take advantage of error committed by the court at his request." ''Jentick v. Pacific Gas & Elec. Co.'' (1941) 18 Cal.2d 117, 121 14 P.2d 343 The rule precludes a party from challenging a jury instruction if he proposed it or a similar instruction. ''Weirum v. RKO General, Inc.'' (1975) 15 Cal.3d 40, 50 23 Cal.Rptr. 468, 539 P.2d 36 Invited error, while inclusive of any active response, does not include acquiescing to an action of the court one has filed an objection to. "Under the doctrine of invited error, when a party by its own conduct induces the commission of error, it may not claim on appeal that the judgment should be reversed because of that error. (''People v. Perez'' (1979) 23 Cal.3d 545, 549-550, fn. 3 53 Cal.Rptr. 40, 591 P.2d 63 ''Jentick v. Pacific Gas & Elec. Co.'' (1941) 18 Cal.2d 117 14 P.2d 343..) But the doctrine does not apply when a party, while making the appropriate objections, acquiesces in a judicial determination." ''Mary M. v. City of Los Angeles'' (1991) 54 Cal.3d 202, 212; 85 Cal.Rptr. 99; 814 P.2d 1341

References

{{Reflist American legal terminology Appellate review Legal error

See also

References