What is the test for determining whether a court is bound by its own interpretation?
California, United States of America
The following excerpt is from Yee v. Mobilehome Park Rental Review Bd. (City of Escondido), 62 Cal.App.4th 1409, 73 Cal.Rptr.2d 227 (Cal. App. 1998):
"As the matter is a question of law, we are not bound by evidence on the question presented below or by the lower court's interpretation. [Citations.]" (Burden v. Snowden (1992) 2 Cal.4th 556, 562, 7 Cal.Rptr.2d 531, 828 P.2d 672.)
"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
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)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
Does a juvenile court hearing determine whether a minor should be tried as an adult prior to a determination that the minor's guilt should be determined? (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, does the appellate court have power to substitute its factual determination for that factual determination? (California, United States of America)
How have the courts interpreted jury instructions in determining whether a razor blade is a deadly weapon under section 4574 of the Criminal Code? (California, United States of America)
How have courts interpreted section 654 of the California Penal Code to determine whether an armed robber committed three separate crimes? (California, United States of America)
How have courts interpreted the rule that prior determination is not conclusive either if injustice would result or if the public interest requires that the prior determination not to be foreclosed? (California, United States of America)
What is the appellate court's role in determining whether a defendant satisfied his burden of producing clear and convincing evidence in the trial court? (California, United States of America)
How have the courts interpreted section 667.5 of the Criminal Code when determining whether a defendant suffered two felonies for which he served a prison term? (California, United States of America)
How have courts interpreted the test for determining whether trial counsel acted or failed to act in the manner challenged on appeal? (California, United States of America)
