Does a court have to go beyond inference and into the realm of speculation to find support for a judgment?

California, United States of America


The following excerpt is from People v. MANAI, B222741, No. YA06344 (Cal. App. 2011):

Although a reviewing court "may not 'go beyond inference and into the realm of speculation in order to find support for a judgment'" (People v. Memro (1985) 38 Cal.3d 658, 695, disapproved on another point in People v. Gaines (2009) 46 Cal.4th 172, 181), "[i]f the circumstances reasonably justify the jury's findings, the reviewing court may not reverse the judgment merely because it believes that the circumstances might also support a contrary finding." (People v. Ceja (1993) 4 Cal.4th 1134, 1139.)

Other Questions


Does a trial court have to go beyond inference and into the realm of speculation to find support for the defense? (California, United States of America)
When a child support agreement is incorporated in the child support order, does the court have a duty to exercise its discretion over child support? (California, United States of America)
When the evidence is sufficient to sustain some but not all alleged damages, when the evidence does not support all of the damages, will the court reduce the judgment to the amount supported by the evidence? (California, United States of America)
How does the clerk of the court remit to the trial court a copy of the judgment or order of the reviewing court? (California, United States of America)
When there is a discrepancy between the abstract of judgment and the trial court's oral pronouncement of judgment, does the court have to rely on the reporter's transcript? (California, United States of America)
Whether a court's ruling is based on oral testimony or written declarations, when conflicting inferences can reasonably be drawn from the facts, can the appellate court defer to the trial court's factual determinations? (California, United States of America)
When reviewing a judgment of dismissal after a demurrer is sustained without leave to amend, how does the court review the judgment de novo? (California, United States of America)
When a petition does not request child support in a case in which the court feels it should be ordered, what recourse does the court have? (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)
Can a judgment of the small claims court preclude a subsequent judgment from the same cause of action? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.