Warning

Info

LSDefine

Simple English definitions for legal terms

clearly erroneous test

Read a random definition: fixture filing

A quick definition of clearly erroneous test:

The clearly erroneous test is a rule that says when a higher court reviews a decision made by a lower court, they will only change it if they think the lower court made a big mistake. The higher court has to be sure that the lower court's decision was not based on enough good evidence. This rule helps make sure that court decisions are fair and based on good evidence.

A more thorough explanation:

The clearly erroneous test is a standard used by higher courts when reviewing a decision made by a lower court. This test is established by Rule 52(a) of the Federal Rules Civil Procedure. According to this rule, a judge's factual findings in a non-jury trial are considered valid unless they are "clearly erroneous." The reviewing court must also consider the lower court's ability to assess the credibility of witnesses.

For example, if a lower court finds that a defendant is guilty of a crime based on the evidence presented at trial, the higher court will use the clearly erroneous test to determine if the lower court's decision was correct. If the higher court finds that the lower court's decision was not supported by substantial, credible evidence, it may overturn the decision.

The Supreme Court has defined "clearly erroneous" as a finding that, although supported by some evidence, leaves the reviewing court with a "definite and firm conviction" that a mistake has been made. Essentially, the higher court must determine that the lower court's decision was not based on credible evidence in the record.

clearly erroneous | clemency

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
18:46
do u have a dream school?
18:46
well i saw one is at fordham and one is at upenn and ik fordham isnt t14 but its better than temple and villanova
18:47
dream is duke
18:47
ooh interesting choice why Duke?
18:48
i got into fordham and so did the dumbass I was dating for like two months it’s not that hard
18:48
by which I mean if they let him in I don’t trust their standards
18:49
my dad went to duke law so i have been a fan forever
18:49
Duke is fun. I took a trip there when I was 19 or so. Really good time when I was a young rapscallion.
18:49
and ik i just dont think i gave myself enough time for a guaranteed 170+ performance
18:49
I didnt see if anyone answered my UGA question. Did anyone answer it?
18:53
@Dkkm11: are you not still a young rapscallion?
19:00
Nah, I am gray-bearded wizard.
19:02
Hmmm. I guess that’s okay.
19:03
Honestly, idk what I would call myself these days. Will probably not know until I can reflect on this part of my life which will be idk, in like 5 years when I am 32.
19:06
Does your life come in 5 year epochs typically?
19:06
Someone told me a while ago that I was probably molested as a kid because I don’t really have any clear memories of my childhood. But I don’t think I was.
1a2b3c4d26z
19:10
Inside thoughts!
19:10
this is where I post my inside thoughts
19:11
Nah, the fucked up thing about therapists is they try and make you think your parents are your enemy 99% of the time and really they should be telling you that your parents have almost no effect on the rest of your life. If they can get you to keep focusing on your parents they can keep making money.
19:12
Yeah, my life really does flow in about 5 years periods.
19:12
My crypto also flows in 5 day epochs too.
19:16
what do you do with your days as an unemployed crypto guy? do you play an instrument or something
19:47
please lawd
19:47
forgive me
19:47
its time to go back to tha old me
19:50
this is what i feel like when i get one single drill question right
19:50
when u get one wrong ;(
LSD+ is ad-free, with DMs, discounts, case briefs & more.