What is the standard of review for pure fact and pure law?

California, United States of America


The following excerpt is from People v. Aguilera, 264 Cal.Rptr.3d 437, 50 Cal.App.5th 894 (Cal. App. 2020):

"The standards of review for questions of pure fact and pure law are well developed and settled. Trial courts and juries are better situated to resolve questions of fact, while appellate courts are more competent to resolve questions of law. Traditionally, therefore, an appellate court reviews findings of fact under a deferential standard (substantial evidence under California law, clearly erroneous under federal law), but it reviews determinations of law under a nondeferential standard, which is independent or de novo review."

[264 Cal.Rptr.3d 450]

( People v. Cromer (2001) 24 Cal.4th 889, 893-894, 103 Cal.Rptr.2d 23, 15 P.3d 243, fn. omitted.)

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