How does an appellate court evaluate a trial court’s factual findings?

In Delaware, an appellate court evaluates a trial court’s factual findings through a process called de novo review. This means that the appellate court will conduct its own review of the evidence presented in the case without considering the trial court’s findings. The appellate court will take all of the facts presented in the case and make a determination as to what they believe really happened. The appellate court does not give deference to the trial court’s findings, and they are free to make a different conclusion than the trial court if they believe the facts warrant it. When deciding whether or not to overturn the trial court’s findings of fact, the appellate court will consider a number of factors, including the evidence presented, any legal errors committed by the trial court, and the credibility of the witnesses involved. The appellate court may also grant the parties an opportunity to file briefs or present oral arguments before it comes to a decision. Ultimately, it is up to the appellate court to make a determination regarding the facts of the case. The trial court’s findings can be overturned if the appellate court finds them to be incorrect or if they find legal errors that warrant a different result. However, the appellate court will not overturn the trial court’s findings of fact unless it finds clear error.

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