What is the scope of appellate review for the first and second determination in a motor vehicle accident?
MultiRegion, United States of America
The following excerpt is from U.S. v. Allen, 831 F.2d 1487 (9th Cir. 1987):
Id. at 1200 (citations omitted). The scope of appellate review for the first determination is the deferential "clearly erroneous" standard. The second determination is reviewed de novo. Id. at 1200-01. The third determination is also reviewed de novo, unless the applicable legal standard provides for a "strictly factual test" or is a question of negligence. Id. at 1204; United States v. Hicks, 752 F.2d 379, 383 (9th Cir.1985).
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