clearly erroneous

clearly erroneous
clear·ly erroneous adj: being or containing a finding of fact that is not supported by substantial or competent evidence or by reasonable inferences
findings of fact...shall not be set aside unless clearly erroneousFederal Rules of Civil Procedure Rule 52(a) see also amendment vii to the constitution in the back matter compare abuse of discretion, de novo
◇ The requirement that findings be clearly erroneous to be set aside is a standard of review used esp. by an appellate court when reviewing a trial judge's (as opposed to a jury's) findings of fact for error.

Merriam-Webster’s Dictionary of Law. . 1996.

clearly erroneous
A standard of review in civil appellate proceedings. Under this standard, an appeals court must accept the lower court's findings of fact unless the appellate court is definitely and firmly convinced that a mistake has been made. In other words, it is not enough that the appellate court may have weighed the evidence and reached a different conclusion; the lower court's decision will only be reversed if it is implausible in light of all the evidence.
Category: Representing Yourself in Court
Category: Small Claims Court & Lawsuits
Category: Working With a Lawyer

Nolo’s Plain-English Law Dictionary. . 2009.


clearly erroneous
n. The standard that an appellate court normally uses to review a trial judge's findings of fact when a civil case that was tried without a jury is appealed. The appellate court may not reverse the decision merely because, based on the facts, it would have reached a different conclusion. However, it may reverse the decision if the appellate court determines that the trial court's decision was clearly erroneous, even if there is some evidence in the facts to support the decision.

Webster's New World Law Dictionary. . 2000.

Игры ⚽ Поможем написать реферат

Look at other dictionaries:

  • clearly erroneous — For purposes of rule providing that findings of trial court shall not be set aside unless clearly erroneous, refers to findings when based upon substantial error in proceedings or misapplication of law, Kauk v. Anderson, C.C.A.N.D., 137 F.2d 331 …   Black's law dictionary

  • clearly erroneous — For purposes of rule providing that findings of trial court shall not be set aside unless clearly erroneous, refers to findings when based upon substantial error in proceedings or misapplication of law, Kauk v. Anderson, C.C.A.N.D., 137 F.2d 331 …   Black's law dictionary

  • clearly erroneous rule — A standard followed in reviewing a determination of an administrative agency. 2 Am J2d Admin L § 619 …   Ballentine's law dictionary

  • erroneous — er·ro·ne·ous /i rō nē əs, e / adj: containing or characterized by error see also clearly erroneous er·ro·ne·ous·ly adv er·ro·ne·ous·ness n Merriam Webster’s Dictionary of Law. Merriam Webster …   Law dictionary

  • Standard of review — In law, the standard of review is the amount of deference given by one court (or some other appellate tribunal) in reviewing a decision of a lower court or tribunal. A low standard of review means that the decision under review will be varied or… …   Wikipedia

  • Official scorer — Booth of the official scorer in Taichung Intercontinental Baseball Stadium (Taiwan) In the game of …   Wikipedia

  • abuse of discretion — abuse of discretion: an error of judgment by a trial court in making a ruling that is clearly unreasonable, erroneous, or arbitrary and not justified by the facts or the law applicable in the case compare clearly erroneous Merriam Webster’s… …   Law dictionary

  • Olk v. United States — Olk v. United States, 536 F.2d 876, 76 2 U.S. Tax Cas. (CCH) paragr. 9484 (9th Cir.), cert. denied, 429 U.S. 920, 97 S. Ct. 317 (1976), was a case decided before the United States Court of Appeals for the Ninth Circuit which dealt with the… …   Wikipedia

  • procedural law — Law that prescribes the procedures and methods for enforcing rights and duties and for obtaining redress (e.g., in a suit). It is distinguished from substantive law (i.e., law that creates, defines, or regulates rights and duties). Procedural law …   Universalium

  • Salvatore v. Commissioner — Infobox Court Case name = Salvatore v. Commissioner court = United States Tax Court date decided = February 4, 1970 full name = Susie Salvatore v. Commissioner citations = 29 T.C.M. (CCH) 89, CCH Dec. 29,941(M), T.C. Memo 1970 30, RIA T.C. Memo… …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”