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Letter S
civil procedure

Substantial Evidence

The deferential standard of review for agency factual findings, requiring such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.

Encyclopedia entry: Substantial Evidence

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substantial evidence

Substantial evidence is a standard of review used at the appellate level , usually to review an administrative agency’s actions or a jury’s findings. Substantial evidence is a deferential standard lower than preponderance of the evidence .

In the context of federal agencies, for example, courts reviewing under the substantial evidence standard look to the entire existing administrative record and ask whether it contains evidence sufficient to support the agency’s factual determinations. See Biestek v. Berryhill, 587 U.S. 97, 102 (2019) . The standard “means —and means only—such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Id. (internal quotations omitted).

In the lawsuit context, the United States Court of Appeals for the Ninth Circuit has explained, “Substantial evidence is such relevant evidence as reasonable minds might accept as adequate to support a conclusion even if it is possible to draw two inconsistent conclusions from the evidence.” See: Maynard v. City of San Jose, 37 F.3d 1396, 1404 (9th Cir. 1994) .

[Last reviewed in September of 2024 by the Wex Definitions Team
]

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.