What is the test for reviewing the findings of the Court of Appeal in a civil case?

California, United States of America


The following excerpt is from People v. Boyd, 224 Cal.App.3d 736, 274 Cal.Rptr. 100 (Cal. App. 1990):

"The court's resolution of the first inquiry, which involves questions of fact, is reviewed under the deferential substantial-evidence standard. [Citations.] Its decision on the second, which is a pure question of law, is scrutinized under the standard of independent review. [Citations.] Finally, its ruling on the third, which is a mixed fact-law question that is however predominantly one of law, viz., the reasonableness of the challenged police conduct, is also subject to independent review...." (People v. Williams (1988) 45 Cal.3d 1268, 1301, 248 Cal.Rptr. 834, 756 P.2d 221.)

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