On to the substantial evidence standard of review
Monday, August 24, 2009 at 7:00AM
Donna Bader in Blogroll





The substantial evidence standard of review  applies when the appealable order or judgment involves the trial court’s determination of disputed fact issues.   It is frequently raised when a trial has been concluded and the jury or court found in favor of one party over the other based on the evidence presented.  This ground may also arise when the trial court or jury resolves any factual dispute. 


Simply stated, the appellate courts are bound by the trial court’s resolution of disputed factual issues and must affirm the judgment so long as the judgment is supported by “substantial evidence.”  (Winograd v. American Broadcasting Co. (1998) 68 Cal.App.4th 624, 632.) 


Of all the standards of review, this standard is probably the weakest.  Reversals are rare, although not impossible, and as noted in Whiteley v. Philip Morris Inc. (2004) 117 Cal.App.4th 635, 678, “[d]efendants raising a claim of insufficiency of the evidence assumes [sic] a daunting burden.

Article originally appeared on AN APPEAL TO REASON (http://www.anappealtoreason.com/).
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