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Re: MontanaState83 post# 267260

Saturday, 04/18/2020 11:42:53 AM

Saturday, April 18, 2020 11:42:53 AM

Post# of 426436

What if her ruling relied on 2+2=5?



I am glad you used that example. It gives me a starting point to use.

Your 2+2=5 would fall in the CLEARLY ERRONEOUS label. But lets say the following:

What if she said 2=2= 3.99999? OR 2+2= 4.00001? Is it CLEARLY ERRONEOUS THEN? I guess the math majors here could come up with great arguments. So you get into matter of degree. As I mentioned before I am not proficient in the medical field so her findings of fact and how erroneous the appeal judges think they are is up to them, NO? Does that add uncertainty to how they will decide? Well I will let you answer that.

And let me add this (which is NOT specific to this case). Lets say the judge in a case came up with a finding of fact 2+2= 4.00001 and its shown its is clearly wrong. The appeals judges will look at the mistake and ask themselves "Is this error sufficient enough to reverse the opinion that was rendered from the TOTAL trial record?"
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