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Social Studies, 02.08.2019 06:00, victordguerrero2535
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.
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An appellate court will reverse a lower court's decision on the basis of the facts only when the fin...
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