What is the burden of overcoming the presumption of the correctness of a judgment?

California, United States of America


The following excerpt is from Estrada v. Harel, H044241 (Cal. App. 2018):

(Denham v. Superior Court (1970) 2 Cal.3d 557, 564, original italics.) An appellant is charged with the burden of overcoming the presumption of the correctness of the judgment. (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 822.)

Other Questions


What is the burden of overcoming the presumption of correctness in a cross-appeal? (California, United States of America)
What is the burden of overcoming presumption judgment? (California, United States of America)
What is the burden of proving that a superior court's judgment is correct in an appeal? (California, United States of America)
What is the appellant's burden to establish that an order or judgment of the lower court is correct? (California, United States of America)
When a defendant is presumptively ineligible for probation, what is the test to determine whether the presumption against probation has been overcome? (California, United States of America)
On a motion to amend the abstract of judgment in a personal injury case, what is the correct sentence in the abstracts of judgment? (California, United States of America)
What is the test for establishing that a judgment is presumed correct, all intendments and presumptions are indulged in its favor? (California, United States of America)
Does an abstract of judgment need to be corrected or corrected on appeal? (California, United States of America)
What circumstances are sufficient to overcome the general presumption of correctness usually afforded to a trial court's order? (California, United States of America)
What is the appellant's burden of proving that a judgment or order challenged on appeal is presumed to be correct? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.