Can a factfinder be clearly erroneous in making a decision between two opposing views of the evidence?
MultiRegion, United States of America
The following excerpt is from United States v. Dore, No. 13-3039-cr, No. 13-3500-cr (2nd Cir. 2014):
omitted). So long as "there are two permissible views of the evidence, the factfinder's choice between them cannot be clearly erroneous." United States v. Chalarca, 95 F.3d 239, 244 (2d Cir. 1996) (quoting Anderson v. City of Bessemer City, 470 U.S. 564, 574 (1985)).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a decision-maker required to refer to all of the evidence before making a decision? (Canada (Federal), Canada)
Is the evidence insufficient to support any of the 12 convictions for conspiracy to make false statements, making, and aiding and abetting in making false statements to federally insured financial institutions? (MultiRegion, United States of America)
Can a person who makes a political contribution to their own campaign be denied a right to make their own speech if they are not allowed to make it free? (MultiRegion, United States of America)
Does an employer need to make clear to employees that the employer will have the final determination of employee benefits decisions? (MultiRegion, United States of America)
What is the test for affirming a decision of a federal agency on a ground that the agency did not use in making its decision? (MultiRegion, United States of America)
What is the test for "some evidence" used by a prison administrator in making segregation decisions? (MultiRegion, United States of America)
What is the test for a judge to make a decision that is "within the range of permissible decisions"? (MultiRegion, United States of America)
When a defendant argues there is insufficient evidence to convict him of a charge of sexual assault, how does the court view the evidence against him? (MultiRegion, United States of America)
Is a visa application entitled to rely upon evidence which was not before the visa officer in the course of making a decision? (Canada (Federal), Canada)
Is there a clear abuse of discretion in a federal district court's decision to admit evidence about the ATF investigations and the two grand jury proceedings? (MultiRegion, United States of America)
