How does the Court of Appeal review questions of law?
California, United States of America
The following excerpt is from Murray v. Massoumi, A145836 (Cal. App. 2017):
"Our review of questions of law is de novo. [Citation.] However, to the extent [an] appeal implicitly challenges any factual findings of the trial court, we do not disturb the trial court's findings if substantial evidence supports the judgment. Instead, we resolve all conflicts in favor of the judgment . . . ." (Poniktera v. Seiler (2010) 181 Cal.App.4th 121, 130.)
"The most advanced legal research software ever built."
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
What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
On appeal, can the court conduct an independent review of the transcript of the in camera hearing and the records reviewed by the trial court to determine whether any records were improperly withheld? (California, United States of America)
How will the Court of Appeal review the judgment of the Superior Court of Justice in the absence of any review? (California, United States of America)
What is the test for judicial review of the Court of Appeal's decision not to interfere with the Court on appeal? (California, United States of America)
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)
What is the test for a review court to order a review of a judgment made by the Superior Court of Appeal? (California, United States of America)
How does the Court of Appeal review the record on appeal? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
How does the Court of Appeal review a trial court's ruling to admit evidence over defendant's objection based on evidence section 352? (California, United States of America)
When a court of appeal has an appealable judgment or order before it, does the court have jurisdiction to affirm, reverse or modify it? (California, United States of America)
