What is the test for overturning a judgment or order of a lower court?

California, United States of America


The following excerpt is from Soin v. Sger, C071206 (Cal. App. 2016):

Marriage of Ditto (1988) 206 Cal.App.3d 643, 647.) A judgment or order of a lower court is ordinarily "presumed to be correct on appeal, and all intendments and presumptions are indulged in favor of its correctness. [Citations.]" (In re Marriage of Arceneaux (1990) 51 Cal.3d 1130, 1133 (Arceneaux).) Appellate courts independently review questions of law and apply the substantial evidence standard to a superior court's findings on questions of fact. (See People v. Cromer (2001) 24 Cal.4th 889, 893-894 [questions of law are subject to de novo review and questions of fact are reviewed under deferential substantial evidence standard].)

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