Is a judge permitted to substitute his judgment for that of the trial court?

California, United States of America

The following excerpt is from F.A. v. L. A. Unfied Sch. Dist., B260505 (Cal. App. 2015):

application.' [Citation] Nonetheless, we 'cannot arbitrarily substitute our judgment for that of the trial court.'" (Barragan v. County of Los Angeles, supra, 184 Cal.App.4th at p. 1382, italics omitted.) "'It is the well-recognized policy of the law to liberally construe remedial statutes designed to protect persons within their purview, and the modern trend of judicial decisions favors granting relief unless absolutely forbidden by statute.'" (Ibid.)

"The most advanced legal research software ever built."

Try it today free of charge!

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

Can an appellate court substitute the judgment of the trial judge for that of the appellate judge? (California, United States of America)

Is an appellate tribunal permitted to substitute its judgment for that of a trial judge? (California, United States of America)

When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)

What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (California, United States of America)

Is there any case law where the trial court would have exercised its discretion not to award a motion for damages even if the trial judge was aware of the fact that the motion was being brought before the court? (California, United States of America)

What is the test for substituting judgment for the judgment of the trial judge? (California, United States of America)

When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)

In reviewing a decision by the Superior Court of Appeal to deny probation to a minor, can a judge substitute his or her judgment for that of another court? (California, United States of America)

Does the Court of Appeal have any authority to substitute its judgment for that of the Trial Court? (California, United States of America)

Is a judge permitted to substitute his judgment for that of the trial court?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources