What court findings mean?

finding n. : a determination resulting from judicial or administrative examination or inquiry (as at trial) esp. into matters of fact as embodied in the verdict of a jury or decision of a court, referee, or administrative body or officer.

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).

Can a fact finding hearing affect a court decision?

Instead the court should rigorously apply the guidance in the Practice Direction: Residence and Contact order: Domestic Violence and Harm [2009] 2 FLR 1400 in considering whether the outcome of any fact finding hearing would affect the decision of the court, and to what extent. Where does that leave us?

What happens if a judgement makes a clear error of fact?

Normally, an appellate court will only consider matters of law and assume the matters of fact as being settled at the full discretion of the trial judge. What if the judgement makes a clear error of fact?

When do the findings and conclusions of the court appear?

(1) In General. In an action tried on the facts without a jury or with an advisory jury, the court must find the facts specially and state its conclusions of law separately. The findings and conclusions may be stated on the record after the close of the evidence or may appear in an opinion or a memorandum of decision filed by the court.

When does the court have to make findings of fact?

The requirement that the court make findings of fact to support its decisions is compounded in family cases, because every final decision is made by the judge, unless consented to by the parties. The requirement applies to nearly every decision made and ordered that is not considered interlocutory.

Are there any errors in the judge’s findings of facts?

Mr Hubble submits that there is no single alleged error in the judge’s conclusions which would deliver success to Mr Ostrovizky. Rather, he would need to succeed in overturning a lengthy series of factual findings and invite this court to rewrite the judgment completely.

Can a judge overturn a finding of facts?

The judge had the benefit of 55 lever arch files. Mr Hubble submits that there is no single alleged error in the judge’s conclusions which would deliver success to Mr Ostrovizky. Rather, he would need to succeed in overturning a lengthy series of factual findings and invite this court to rewrite the judgment completely.

Can a judge change their mind after judgment?

The longer the interval between the two decisions the more likely it is that it would not be fair to do otherwise. In this particular case, however, there had been the usual mass of documentary material, the long drawn-out process of hearing the oral evidence, and very full written submissions after the evidence was completed.