Principle

EVIDENCE LAW – Appellate Review – Evaluation of Evidence – Duty of Appellate Court Where Exception Applies

Area of law
EVIDENCE LAW
Court
Supreme Court

Where the exception applies—credibility not in issue—the appellate court must not hesitate to evaluate evidence and draw irresistible inferences from proved facts. The court is in as good a position as the trial court. The duty is mandatory, not discretionary. The appellate court should not…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in