7 March 1807

Judicial Justice

Letter V

I. Shapes

1. Misdecision

Misdecision, again, may either be in toto, or pro tanto. The distinction is no frivolous one: since according as the disorder wears the one or the other face, the remedy appropriated to it bears one or the other of two denominations: disorder, misdecision in toto, remedy, reversal: disorder, misdecision pro tanto, remedy not reversal but modification.

Misdecision in toto is in its remedy, as in its nature extremely diversified. It may be in favour of the plaintiff's side alone, it may be in favour of the Defendant's side alone. Misdecision in toto in favour of the plaintiff's side is judgment simpliciter for the plaintiff, whereas it ought to have been for the defendant: misdecision in toto in favour of the defendant, is judgment simpliciter for the defendant, whereas it ought to have been for the plaintiff.