Can a reviewing court overturn a factual finding made by a trial court?

California, United States of America

The following excerpt is from Whaler's Village Club v. California Costal Com., 173 Cal.App.3d 240, 220 Cal.Rptr. 2 (Cal. App. 1985):

If the trial court was authorized to exercise its independent judgment on the evidence, the reviewing court can overturn its factual findings only if the evidence received by the trial court, including the administrative record, is insufficient as a matter of law to sustain the finding. If, however, the trial court was limited to the substantial evidence test, the appellate court also applies that same test. (Patterson v. Central Coast Regional Com.

Page 8

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

When reviewing a challenge to a suppression ruling, how does the Court of Appeal review the factual findings of the trial court? (California, United States of America)

In reviewing an order denying a motion to suppress, does the court have any authority to review the fact finding of the trial court? (California, United States of America)

In reviewing a motion to suppress evidence, does the court defer to the factual findings of the trial court? (California, United States of America)

In what circumstances will the appellate court overturn a finding that the trial court did not decide on a particular factual question? (California, United States of America)

When reviewing a motion to suppress evidence, does the court have to accept the findings of the trial court? (California, United States of America)

Does this court have jurisdiction to review or overturn a preliminary injunction issued by the trial court? (California, United States of America)

Is a trial court ruling that resolves conflicts in the evidence entitled to greater deference from a reviewing court than a similar finding in a similar case? (California, United States of America)

When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)

When reviewing a denial of a suppression motion on appeal, how do we review the findings of the trial court? (California, United States of America)

How will the Court of Appeal review the findings of the trial court? (California, United States of America)

Can a reviewing court overturn a factual finding made by a trial court?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources