What is the test for the exercise of the trial court's power to judge credibility of witnesses?

California, United States of America

The following excerpt is from Hill v. National Collegiate Athletic Ass'n, 1 Cal.App.4th 1398, 273 Cal.Rptr. 402 (Cal. App. 1990):

[1 Cal.App.4th 1300] "On appeal all presumptions favor the exercise of [the trial court's power to judge credibility of witnesses, resolve conflicts in testimony, weigh evidence, and draw factual inferences], and the trial court's findings on such matters, whether express or implied, must be upheld if they are supported by substantial evidence." (People v. Leyba (1981) 29 Cal.3d 591, 596-597, 174 Cal.Rptr. 867, 629 P.2d 961.)

"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

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)

Is there any indication in the record that the trial court exercised any power or authority to exercise or reverse a finding of not guilty? (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)

In reviewing a lower court's ruling for abuse of power, does the court review the evidence or evaluate the credibility of witnesses? (California, United States of America)

Does the Court have any authority or authority to judge or judge the credibility of witnesses? (California, United States of America)

Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)

Is there a duty of the court to protect the credibility of a witness from cross-examination questions that "harass, annoy or humiliate the witness's credibility"? (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)

Does the Court have any power to re-examine the credibility of witnesses in a trial? (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, does the appellate court have power to substitute its deductions for those of the trial court? (California, United States of America)

What is the test for the exercise of the trial court's power to judge credibility of witnesses?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources