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Simple English definitions for legal terms

clearly erroneous

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A quick definition of clearly erroneous:

The "clearly erroneous" standard is a rule used in court cases to review decisions made by judges. It means that if there is evidence to support a decision, but the reviewing court is convinced that a mistake was made, the decision can be reversed. This standard is only used for decisions about facts, not opinions. It is important because it helps ensure that decisions are based on accurate information and that mistakes are corrected.

A more thorough explanation:

The “clearly erroneous” standard is a legal term used in civil appellate proceedings. It means that a finding made by a judge is unsupported by substantial, credible evidence in the record. This standard is only applied to fact finding by judges.

For example, if a district court finds that a defendant is guilty of a crime, but the appellate court determines that there is no credible evidence to support that finding, the appellate court may reverse the finding. This is because the finding is “clearly erroneous”.

The “clearly erroneous” standard is considered to have minimal deference to the fact finder. This is because finding of facts are made based on evidentiary hearings and usually involve credibility determinations. However, this standard is not applied to questions of law.

Overall, the “clearly erroneous” standard is an important tool for ensuring that judicial findings are based on credible evidence and are not simply the result of bias or error.

clear title | clearly erroneous test

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texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
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