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.
Read more about this topic: Appellate Jurisdiction
Famous quotes containing the words standard of, standard and/or review:
“Error is a supposition that pleasure and pain, that intelligence, substance, life, are existent in matter. Error is neither Mind nor one of Mind’s faculties. Error is the contradiction of Truth. Error is a belief without understanding. Error is unreal because untrue. It is that which seemeth to be and is not. If error were true, its truth would be error, and we should have a self-evident absurdity—namely, erroneous truth. Thus we should continue to lose the standard of Truth.”
—Mary Baker Eddy (1821–1910)
“Any honest examination of the national life proves how far we are from the standard of human freedom with which we began. The recovery of this standard demands of everyone who loves this country a hard look at himself, for the greatest achievments must begin somewhere, and they always begin with the person. If we are not capable of this examination, we may yet become one of the most distinguished and monumental failures in the history of nations.”
—James Baldwin (1924–1987)
“Americans have internalized the value that mothers of young children should be mothers first and foremost, and not paid workers. The result is that a substantial amount of confusion, ambivalence, guilt, and anxiety is experienced by working mothers. Our cultural expectations of mother and realities of female participation in the labor force are directly contradictory.”
—Ruth E. Zambrana, U.S. researcher, M. Hurst, and R.L. Hite. “The Working Mother in Contemporary Perspectives: A Review of Literature,” Pediatrics (December 1979)