Clearly Erroneous - Law Dictionary Search Results
Home Dictionary Name: clearly erroneousclearly erroneous
clearly erroneous : being or containing a finding of fact that is not supported by substantial or competent evidence or by reasonable inferences [findings 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 NOTE: 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. ...
abuse of discretion
abuse of discretion :an error of judgment by a trial court in making a ruling that is clearly unreasonable, erroneous, or arbitrary and not justified by the facts or the law applicable in the case compare clearly erroneous ...
erroneous
erroneous : containing or characterized by error see also clearly erroneous er·ro·ne·ous·ly adv er·ro·ne·ous·ness n ...
de novo
de novo [Medieval Latin, literally, from (the) new] : over again : as if for the first time: as a : allowing independent appellate determination of issues (as of fact or law) [a de novo review] b : allowing complete retrial upon new evidence compare abuse of discretion, clearly erroneous NOTE: A de novo review is an in-depth review. Decisions of federal administrative agencies are generally subject to de novo review in the U.S. District Courts, and some lower state court decisions are subject to de novo review at the next level. ...
error
error : an act that through ignorance, deficiency, or accident departs from or fails to achieve what should be done [procedural s] ;esp : a mistake made by a lower court in conducting judicial proceedings or making findings in a case [to compel to conclusion that a manifest has been done "Moses v. Burgin, 445 F.2d 369 (1971)"] often used without an article [had been to give the jury special interrogatories "K. A. Cohen"]; see also assignment of error, clearly erroneous NOTE: Generally a party must object to an error at trial in order to raise it as an issue on appeal. clear error : an error made by a judge in his or her findings of fact which is such that it leaves the reviewing court with the firm and definite conviction that a mistake has been made NOTE: A clear error may or may not warrant reversal. fundamental error : plain error in this entry used esp. in criminal cases harmless error : an error that does not affect a substantial right or change the outcome of a trial a...
master
master 1 : an individual or entity (as a corporation) having control or authority over another: as a : the owner of a slave b : employer compare servant c : principal 2 : an officer of the court appointed (as under Federal Rule of Civil Procedure 53) to assist a judge in a particular case by hearing and reporting on the case, sometimes by making findings of fact and conclusions of law, and by performing various related functions NOTE: Under the Federal Rules of Civil Procedure, a master may be a magistrate or else may be a person with some special expertise in the matter. The word master as used in the Federal Rules encompasses a referee, an auditor, an examiner, and an assessor. If the master makes findings of fact, they are reviewable by the court except when the case is not to be tried to the jury and the findings are clearly erroneous, or when the parties have stipulated that the master's findings are to be final. adj : being the principal or controlling one : governing...
valuation
valuation 1 : the act or process of valuing [actuarial of the assets and liabilities of a state pension fund] ;specif : appraisal of property [ of marital property is a factual finding that will not be upset unless clearly erroneous "Jensen v. Jensen, 458 N.W.2d 391 (1990)"] 2 : the estimated or determined value (as market value) of a thing [the total assessed of property in the district] ...
Finding mains holding
Finding mains holding, a court properly has find-ings of fact and holdings or conclusions of law. The writer of the following sentence observed the distinctions meticulously. Because we find that the jury's finding of concurrent fault is amply supported by the evidence, we hold that appellee is entitled to full indemnity.In appellate courts, properly, only holding are affirmed, whereas factual findings are disturbed only when clearly erroneous, against the great weight of the evidence, etc., depending on the standard of review. Generally, it is not correct for an appellate Court to say that it affirms a finding of fact, Uttam Singh Duggal & Sons. v. Union of India, AIR 2002 Del 471....
manifest weight of the evidence
manifest weight of the evidence :a deferential standard of review under which reversal of a decision or verdict requires showing that it is obviously erroneous and unsupported by the evidence and that an opposite conclusion is clearly evident ...
Expurgate
To purify to clear from anything noxious offensive or erroneous to cleanse to purge as to expurgate a book...
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