Appellate Practice
Clear Error
A deferential standard for reviewing factual findings, reversed only when the appellate court is firmly convinced a mistake was made.
Plain-English definition
Clear error review applies to many fact findings by judges. The appellate court does not retry the facts. It asks whether the record leaves a firm conviction that the lower court made a mistake, especially respecting credibility findings.
How it works
Clear error appears after bench trials, suppression hearings, sentencing fact disputes, and other proceedings where a judge finds facts.
Why it matters
Fact findings are hard to overturn. Trial-level credibility and record-building often matter more than appellate rhetoric.
Related terms
More in Appellate Practice
Abuse of Discretion
A deferential appellate standard used when reviewing many trial-management and discretionary decisions.
Affirm
An appellate court's confirmation that the lower court's decision was correct and should stand.
Amicus Curiae
Latin: 'friend of the court.' A non-party who files a brief offering perspective or expertise on a legal question before the court.
Certiorari
A discretionary appellate review, especially the U.S. Supreme Court's review of decisions from lower courts.
De Novo Review
An appellate standard where the reviewing court gives no deference to the lower court’s legal conclusion.
Dictum
A statement in a court opinion that is not necessary to the holding and therefore not binding precedent.
En Banc
French: 'on the bench.' A hearing or rehearing before all the judges of an appellate court rather than the usual three-judge panel.
Final Judgment Rule
The principle that appeals usually wait until the trial court has entered a final decision resolving the whole case.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.