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On a judge-alone trial, an appeal on the misapprehension of evidence refers to one of three failures on the part of the trial judge in a judge-alone trial: [1] a "failure to consider evidence relevant to a material issue"; a "mistake as to the substance of the evidence"; or.
Feb 19, 2009 · Current Doctrine: Mistake of Fact (“M Fact”) v. Mistake of Criminal Law (“M Law”) Let us begin with the basic doctrinal picture, which depicts how ignorance and mistake of fact and law are relevant under modern American criminal law.
(1) When the conclusion is a finding grounded entirely on speculation, surmises or conjectures; (2) When the inference made is manifestly mistaken, absurd or impossible; (3) Where there is a grave abuse of discretion; (4) When the judgment is based on a misapprehension of facts; (5) When the findings of fact are conflicting; (6) When the Court ...
There is a gross misapprehension of facts when the trial court makes findings based on significant contradictions in the testimonies of witnesses, or when these findings are unfounded, speculative, or arbitrary.
Grave abuse of discretion refers not merely to palpable errors of jurisdiction; or to violations of the Constitution, the law and jurisprudence. It refers also to cases in which, for various reasons, there has been a gross misapprehension of facts.54
Jan 24, 2020 · the judgment is based on a misapprehension of facts; the findings of fact are conflicting; the collegial appellate courts went beyond the issues of the case, and their findings are contrary to the admissions of both appellant and appellee;
statute or subordinate legislation mistook the law applicable to the facts as it had found them, it must have asked itself the wrong question, i.e. one into which it was not empowered to inquire and so had no jurisdiction to determine. Its purported ‘determination’ not being a ‘determination’ within the meaning of the empowering ...
