otsustusvigade

Otsustusvigade is a term used in Estonian legal discourse to describe errors in a court’s decision. Broadly, it refers to mistakes that affect the correctness or fairness of a ruling, arising from how the law was applied, how the facts were evaluated, or how the proceedings were conducted.

The term combines otsustus, meaning decision or ruling, with viga, meaning error. In use, otsustusvigade encompass a range of judicial missteps identified by lawyers, scholars, and sometimes by higher courts during review. They are not merely disagreements with outcome but concrete faults that could render a decision unjust or legally defective.

Typical categories of otsustusvigade include misapplication or misinterpretation of statutes, incorrect assessment or weighing of evidence, erroneous findings of fact, and procedural irregularities such as violations of due process or improper handling of evidence. Some discussions distinguish material or reversible errors, which could have changed the outcome, from harmless or harmless-to-the-trial errors that are unlikely to affect the result.

Remedies for otsustusvigade usually involve appellate review. Depending on the jurisdiction, a higher court can overturn, amend, or remand the decision for a new hearing, or order a retrial. In some systems, constitutional or human rights challenges may be pursued when the alleged error implicates fundamental rights. The identification and correction of otsustusvigade are central to ensuring judicial accuracy and fairness, guiding both litigation strategy and the development of case law.