n. if a judge and not a jury have decided issues of fact, an appellate court will apply an abuse of discretion standard of review. Examples would include very harsh sentences, unrealistic fines or punishments, stopping a witness from testifying, etc. The appellate might reverse lower court's decisions if and only if it clearly becomes a abuse of di...
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http://www.encyclo.co.uk/local/21213
When a court does not apply the correct law or if it rests its decision on a clearly erroneous finding of a material fact. U.S. v. Rahm, 993 F.2d 1405, 1410 (9th Cir.'93). A court may also abuse its discretion when the record contains no evidence to support its decision. MGIC v. Moore, 952 F.2d 1120, 1122 (9th Cir.'91)
Found on
http://www.lectlaw.com/def/a004.htm
No exact match found.
