An appellate court will reverse a lower court's decision on the basis of the facts only when the finding is clearly erroneous (that is, when it is contrary to the evidence presented at trial) or when there is no evidence to support the finding. appellate courts normally defer to a judge's decision with regard to the facts of a case, however, for a number of reasons. first, trial judges routinely sit as fact finders. as a result, they develop a particular expertise in determining what kind of evidence and testimony is reliable and what kind is not. second, trial judges and juries have the opportunity to observe witnesses and tangible evidence first hand. the appellate court sees only a cold record of the trial court proceedings and therefore cannot make the kind of judgments about the credibility of witnesses and the per-suasiveness of evidence that can be gleaned only from first-hand experience.

Question

Social Studies

Cherish Larsen

14 June, 15:27

An appellate court will reverse a lower court's decision on the basis of the facts only when the finding is clearly erroneous (that is, when it is contrary to the evidence presented at trial) or when there is no evidence to support the finding. appellate courts normally defer to a judge's decision with regard to the facts of a case, however, for a number of reasons. first, trial judges routinely sit as fact finders. as a result, they develop a particular expertise in determining what kind of evidence and testimony is reliable and what kind is not. second, trial judges and juries have the opportunity to observe witnesses and tangible evidence first hand. the appellate court sees only a cold record of the trial court proceedings and therefore cannot make the kind of judgments about the credibility of witnesses and the per-suasiveness of evidence that can be gleaned only from first-hand experience.

+2

Answers (1)

Know the Answer?

Litzy · Answer 1

Quizlet

Norwest Trucking Corporation files a suit in a state court against Bob's Service Company (BSC), and wins. BSC appeals the court's decision, asserting that the evidence presented at trial to support Norwest's claim was so scanty that no reasonable jury could have found for the plaintiff. Therefore, argues BSC, the appellate court should reverse the trial court's decision. Is the appellate court likely to reverse the trial court's findings with respect to the facts? If not, why not? What are an appellate court's options after reviewing a case?

An appellate court will reverse a lower court's decision on the basis of the facts only when the finding is clearly erroneous (that is, when it is contrary to the evidence presented at trial) or when there is no evidence to support the finding. Appellate courts normally defer to a judge's decision with regard to the facts of a case, however, for a number of reasons. First, trial judges routinely sit as fact finders. As a result, they develop a particular expertise in determining what kind of evidence and testimony is reliable and what kind is not. Second, trial judges and juries have the opportunity to observe witnesses and tangible evidence first hand. The appellate court sees only a cold record of the trial court proceedings and therefore cannot make the kind of judgments about the credibility of witnesses and the persuasiveness of evidence that can be gleaned only from first-hand experience.