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See Also:
- EVIDENCE: Evaluation of Evidence - The Duty of the Trial Court - Whether the Evaluation of Evidence and Ascription of Weight Is the Responsibility of the Trial Court
"...it is settled law that evaluation of evidence and ascription of weight thereto remains the province of the trial Court which heard and observed the demeanor of the witnesses and…
- APPEAL - INTERFERENCE WITH EVALUATION OF EVIDENCE - Whether an appellate Court can interfere with the decision of the lower Court based on credibility of witnesses
"It is trite that the evaluation of evidence and ascription of probative value to it is the primary duty of the trial Court. Where the task, as in the instant…
- APPEAL - INTERFERENCE WITH EVALUATION OF EVIDENCE - Instance(s) when an Appellate Court will/will not interfere with the evaluation of evidence of a Lower Court
"The law is settled that re-evaluation of evidence by an appellate Court is only done where the trial Court has erred in evaluating the facts found by it. This is…
- APPEAL - Interference With Evaluation of Evidence - Principles under which an Appellate Court would interfere with the findings of a Lower Court based on evaluation of evidence
"A Court of Appeal would only disturb the findings of fact of a trial Court where it is satisfied that the trial Court has made no use of such an…
- APPEAL - Interference With Evaluation of Evidence - Principles under which an Appellate Court would interfere with the findings of a Lower Court based on evaluation of evidence
"...it is well settled that where the record discloses that the finding of the trial Court cannot be supported on the evidence, such a finding will be disregarded and the…