Standard Of Review
The "Standard of Review" refers to the criteria used by appellate courts to evaluate decisions made by lower courts. It determines how much deference the appellate court gives to the original ruling. Common standards include "de novo," where the appellate court reviews the case without considering the lower court's decision, and "abuse of discretion," which assesses whether the lower court made a reasonable choice.
Different types of cases may invoke different standards. For example, in cases involving factual findings, the "clearly erroneous" standard is often applied, meaning the appellate court will uphold the lower court's decision unless it is obviously wrong. Understanding these standards is crucial for legal practitioners and parties involved in litigation.