If you are appealing because you think that the decision of the trial court is not supported by substantial evidence, the appellate court uses the substantial evidence standard. The appellate court reviews the record to make sure there is substantial evidence that reasonably supports the trial court’s decision. The appellate court's function is not to decide whether it would have reached the same factual conclusions as the judge or jury. The appellate court just decides whether a reasonable fact-finder could have come to the same conclusion based on the facts in the record. If there is a conflict in the evidence and a reasonable fact-finder could have resolved the conflict either way, the appellate court will not overturn the trial court's decision. Because the judge or jury at the trial saw the witnesses and heard what the witnesses said, they were in a better position to decide what actually happened and who was telling the truth. Source: https://www.courts.ca.gov/12431.htm See Also: * "[[Abuse of Discretion|Abuse of discretion]]" Standard * "[[De Novo|De novo]]" Standard