Is it possible for a judge to make a wrong decision?

Judges make wrong decisions. As I discussed in a recent ABlawg post, errors in judicial decisions are to be expected given the human frailty of participants in the judicial system – the judges, the lawyers and the parties. But at some point can the quality of an error in a legal judgment change – can it go from wrong to wrongful?

What happens when a judge makes an error in law?

review the merits of a judge’s decision, claiming that a judge made an incorrect finding of fact, misapplied the law, or abused his or her discretion. Correcting errors is the role of the appellate courts, however, and a commission cannot vacate an order or otherwise provide relief for

Can a judge overturn a decision made by an expert?

If the judge chose one expert’s view rather than another, that is grounds for appeal though certainly not enough to overturn the decision; but if the factual point was unchallenged or agreed, then he has no choice but to treat it as true, and no appeal can stand.

What happens when judges are finder of fact?

When judges are finder of fact, the standard is one of deference to the trial court, but may be overcome if the trial court made a “clearly erroneous finding”. See Concrete v. Const. Laborers, 508 U.S. 602 (1993).

How can a civil judgment be overturned?

A civil judgment is the court’s formal, written decision in a lawsuit and reflects the outcome. To avoid the judgment’s effect, the losing party must ask a court to overturn the judgment.

Can a court set aside a civil judgment?

A court may undo a judgment when the losing party is prevented from adequately defending a lawsuit, the court had no authority to enter the judgment or the losing party has paid the debt in full. The court may set aside judgments, whether or not they result from a trial.