- clearly erroneous
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clear·ly erroneous adj: being or containing a finding of fact that is not supported by substantial or competent evidence or by reasonable inferencesfindings of fact...shall not be set aside unless clearly erroneous — Federal Rules of Civil Procedure Rule 52(a) see also amendment vii to the constitution in the back matter compare abuse of discretion, de novo◇ The requirement that findings be clearly erroneous to be set aside is a standard of review used esp. by an appellate court when reviewing a trial judge's (as opposed to a jury's) findings of fact for error.
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
- clearly erroneous
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A standard of review in civil appellate proceedings. Under this standard, an appeals court must accept the lower court's findings of fact unless the appellate court is definitely and firmly convinced that a mistake has been made. In other words, it is not enough that the appellate court may have weighed the evidence and reached a different conclusion; the lower court's decision will only be reversed if it is implausible in light of all the evidence.Category: Representing Yourself in CourtCategory: Small Claims Court & LawsuitsCategory: Working With a Lawyer
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
- clearly erroneous
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n. The standard that an appellate court normally uses to review a trial judge's findings of fact when a civil case that was tried without a jury is appealed. The appellate court may not reverse the decision merely because, based on the facts, it would have reached a different conclusion. However, it may reverse the decision if the appellate court determines that the trial court's decision was clearly erroneous, even if there is some evidence in the facts to support the decision.See also abuse of discretion, error.
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
