What is the standard of review in appellate proceedings?

In Indiana, the standard of review in appellate proceedings is the way an appellate court evaluates the decision made by a lower court. Appellate courts review the record of the lower court proceeding to determine if the decision was properly made and if all applicable laws and regulations were properly applied. The standard of review may vary, depending on the type of decision made in the lower court. There are three primary standards of review used in appeals: de novo review, clear error review, and abuse of discretion review. De novo review is the most common standard of review. It is used when the appeal presents an issue of law and requires a fresh interpretation and evaluation of the law. The appellate court is allowed to use its own judgment and make an independent assessment of the law to reach a decision. Clear error review is used when the lower court has applied a rule of law but there are still questions as to whether the law was properly applied. In this case, the appellate court must consider whether the lower court made a clear error in its decision. Abuse of discretion review is used when the lower court has already applied a rule of law, but there is still some question as to whether the decision made was fair and reasonable. In this case, the appellate court will review the decision to determine if the lower court abused its discretion. No matter which standard of review is used, the goal is to ensure that all legal issues and decisions are properly evaluated, and that all applicable laws and regulations are correctly applied.

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What is the standard of review in appellate proceedings?

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