Sentence examples for affect the substantial from inspiring English sources
The 1919 statute referred to "technical errors, defects, or exceptions which do not affect the substantial rights of the parties". 40 Stat.
61 ("The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties").
Rule 52(a) referred to "[a]ny error, defect, irregularity or variance which does not affect substantial rights"; the 1949 statute referred to "errors or defects which do not affect the substantial rights of the parties". 28 U.S.C. 2111.
In other words, the statement that an error did not "affect the substantial rights of the parties" was a way of stating the conclusion that the error was not prejudicial.
"the United States long ago through its Congress established... the rule that judgments shall not be reversed for 'errors or defects which do not affect the substantial rights of the parties.' 28 U.S.C. 2111.
The Report criticized the practice of reversing judgments for errors which "did not in the least affect the substantial rights of the parties, the real merits of the case having been properly adjudicated upon the first trial". H.R.Rep.
Reference to whether error "affected the substantial rights of the parties" was not invented by Congress in 1919.
Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded.
The 1919 Act, § 2111, and Rule 52(a) all provide that an error is to be disregarded unless it "affects the substantial rights of the parties". This litigation thus presents a straightforward question of statutory construction: what does the phrase "affects the substantial rights of the parties" mean?
For the moment, however, it is important only to note that nothing in McElroy suggests that the requirement that error have "affected the substantial rights of the parties" refers to anything other than that the error have been prejudicial.
Prosecution Arguments: The record fails to reveal any error which injuriously affected the substantial rights of the accused or any failure to accord him a fair trial in every respect.
