What is the test for credibility of a witness who has been believed by the trier of fact?

California, United States of America


The following excerpt is from People v. Cheam, B251610 (Cal. App. 2014):

statements given by a witness who has been believed by the [trier of fact], there must exist either a physical impossibility that they are true, or their falsity must be apparent without resorting to inferences or deductions. [Citations.] Conflicts and even testimony which is subject to justifiable suspicion do not justify the reversal of a judgment, for it is the exclusive province of the trial judge or jury to determine the credibility of a witness and the truth or falsity of the facts upon which a determination depends. [Citation.]". . . .' [Citation.]" (People v. Barnes (1986) 42 Cal.3d 284, 303-304, 306.)

Other Questions


Can a finding that a witness has credibility be reconciled with the finding that the witness had credibility? (California, United States of America)
What is the test for a trier of fact to be bound to believe even uncontradicted testimony of a witness? (California, United States of America)
Can a finding that a witness has credibility be reconciled with the finding that the witness had credibility? (California, United States of America)
What is the authority of the trier of fact in assessing the credibility of a witness? (California, United States of America)
Is there a duty of the court to protect the credibility of a witness from cross-examination questions that "harass, annoy or humiliate the witness's credibility"? (California, United States of America)
Can an inconsistent statement by a witness be used to attack the credibility of a witness? (California, United States of America)
What is the impact of a witness's immigration history on his credibility as a witness? (California, United States of America)
In a personal injury action, does plaintiff have to disclose in his witness exchange list or, in response to a request at a deposition, the substance of the facts and opinions to which the witness will testify at trial? (California, United States of America)
Can a defense counsel attack the credibility of a witness by cross-examination of the witness? (California, United States of America)
Can a witness be admitted as a witness at a preliminary hearing where the witness is in a state hospital? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.