postman
Diamond Member
- Feb 23, 2017
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Trial Courts as Fact-Finders:Construed facts represent a breakage of judicial law that's how. You don't get to lie your ass off, have it verified by a judge who doesn't give a shit and then have it stick as if it was the truth.
Trial courts are primarily responsible for finding facts. They hear evidence, assess witness credibility, and make determinations about what happened in a case.
Appellate Review of Facts:
When a case is appealed, the appellate court reviews the trial court's decision, but not in the same way a trial court does. Appellate courts generally don't re-hear evidence or question witness credibility.
"Clearly Erroneous" Standard:
The standard for overturning a factual finding on appeal is the "clearly erroneous" standard. This means the appellate court must be convinced that the trial court's finding was not just incorrect, but so wrong that it leaves no question that the judge was mistaken.
Limited Reversal:
Because of the deference given to trial courts, appellate courts rarely overturn factual findings. The appellate court's role is more to ensure the trial was fair and the legal principles were applied correctly, rather than to re-weigh the evidence.