Topic: the test is not whether we would have decided it differentl… · Go Syfert
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Topic #6971

8 canonical passages across 7 cases, quoted by 72 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Gomez v. Gomez.

#Case FlagCanonical passage Citers
1 Gomez v. Gomez Anchor
kyctapp · 2008
green “the test is not whether we would have decided it differently, but whether the court's findings were clearly erroneous or that it abused its discretion.” 21
2 Caudill v. Caudill
kyctapp · 2010
green “unreasonable, unfair, arbitrary or capricious.” 10
3 Dunn v. Thacker
kyctapp · 2018
green “abuse of discretion occurs when a court's decision is unreasonable, unfair, arbitrary or capricious.” 10
4 Commonwealth v. Anderson
ky · 1996
green “it has long been held that the trier of fact has the right to believe the evidence presented by one litigant in preference to another.” 8
5 Baird v. Baird
kyctapp · 2007
green “the preponderance of the evidence standard is met when sufficient evidence establishes that the alleged victim 'was more likely than not to have been a victim of domestic violence.” 7
6 Commonwealth v. Anderson
ky · 1996
green “the trier of fact may take into consideration all the circumstances of the case, including the credibility of the witnesses.” 7
7 Abdur-Rahman v. Peterson
kyctapp · 2011
green “the definition of domestic violence and abuse, found in krs 403.720(1), includes 'physical injury, serious physical injury, sexual abuse, assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, or assault between family members.” 6
8 Rupp v. Rupp
kyctapp · 2011
green “they are supported by substantial evidence or, in other words, evidence that when taken alone or in light of all the evidence has sufficient probative value to support the trial court's conclusion.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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