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Simple English definitions for legal terms

clearly erroneous test

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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

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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.
i've been away for a while what were the most recent waves? any this week?
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