Appellate Jurisdiction - Standard of Review

Standard of Review

Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal was one of fact or one of law.

In reviewing an issue of fact, an appellate court ordinarily gives deference to the trial court's findings. It is the duty of trial judges or juries to find facts, view the evidence firsthand, and observe witness testimony. When reviewing lower decisions on an issue of fact, courts of appeal generally look for "clear error." The appellate court reviews issues of law de novo (anew, no deference) and may reverse or modify the lower court's decision if the appellate court believes the lower court misapplied the facts or the law. An appellate court may also review the lower judge's discretionary decisions, such as whether the judge properly granted a new trial or disallowed evidence. The lower court's decision is only changed in cases of an "abuse of discretion". This standard tends to be even more deferential than the "clear error" standard. Before hearing any case, the Court must have jursidiction to consider the appeal.