Clear Error | Practical Law

Clear Error | Practical Law

Clear Error

Clear Error

Practical Law Glossary Item 5-521-3027 (Approx. 3 pages)

Glossary

Clear Error

The standard of review appellate courts typically use when reviewing a trial court's findings of fact. Review under the clearly erroneous standard is significantly deferential. If the trial court's factual determinations are plausible in light of the record as a whole, generally the appellate court may not reverse even if the appellate court would have found differently.
When reviewing mixed questions of law and fact, appellate courts use a clear error standard of review when the lower court's decision entails primarily factual work and a de novo standard of review when that decision involves primarily legal analysis (U.S. Bank Nat. Ass'n v. Village at Lakeridge, LLC, , *5 (Mar. 5, 2018)).