What is the standard of review in appellate proceedings?

In appellate proceedings, the standard of review is a legal principle used to determine the level of scrutiny applied to the decisions made by the lower court. The appellate court will review the lower court’s decisions to make sure they are based on the law and are sufficiently supported by the evidence presented. The type of standard of review used in an appellate proceeding in California depends on the kind of motion filed and the type of case. Generally, California appellate courts review factual questions under a substantial evidence standard. This means that the appellate court will review the evidence presented in the lower court for “substantial evidence,” or enough evidence that a reasonable person could conclude that the lower court’s decision was supported. When reviewing legal questions, California appellate courts apply an independent judgment standard, meaning the appellate court will make its own interpretation of the law, without deference to the interpretation of the lower court. When reviewing procedural issues, California appellate courts apply a deferential abuse of discretion standard. This means the appellate court will uphold the lower court’s decision as long as there is some reasonable basis to support it and the lower court did not act arbitrarily or capriciously. In every case, the standard of review is important to consider when making arguments on appeal, as it will determine how closely the appellate court scrutinizes the facts and the decisions of the lower court.

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What is the standard of review in appellate proceedings?

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