Legal Memorandum: Defining

Issue: Under Illinois law, how does a court define the term "plain" when asked to find that another court has committed plain error?

Area of Law: Litigation Practice & Procedure, Litigation Practice and Procedure
Keywords: ; Plain; Error; Clear; Obvious; Plain Error; Doctrine
Jurisdiction: Illinois
Cited Cases: None
Cited Statutes: None
Date: 03/01/2016

"The term ‘plain’ as used in the plain-error doctrine is synonymous with ‘clear’ and is the equivalent of ‘obvious.’ [Citation]. This means that an appellate court cannot correct an ‘error’ unless the error is clear or obvious under current law." People v. Givens, 237 Ill.2d 311 (2010). Where no controlling precedent obviously requires a lower court to strike exhibits from the record, the Court of Appeals cannot find plain error.

In Re Mariah W., 2016.IL.152264-U (Ill. App. Dist. 1 2016) (not precedential).

Date: March 1, 2016