What is the standard of review in appellate proceedings?

In Maryland, the standard of review for appellate proceedings is a critical standard used to review the legal decisions made by a lower court. During an appeal, the appellate court must review the legal decisions made by the lower court to determine if they were correct based on the facts of the case, as well as the applicable law. The standard of review in appellate proceedings is typically either a “de novo review” or an “abuse of discretion” review. In a de novo review, the appellate court reviews the facts of the case as if it were the original court. That means the appellate court will consider all the evidence and arguments presented, and then make its own decision. This is the most deferential of the two standards. In an abuse of discretion review, the appellate court assumes that the lower court made the right decision, but will review whether the lower court abused its discretion. This can happen when the lower court incorrectly applied the facts or law, or acted in an arbitrary manner without good reason. The appellate court must then decide whether the lower court made an error that affected the outcome of the case or violated a party’s rights. The standard of review used by the appellate court will determine the court’s decision. If the appellate court finds that the lower court was wrong based on the applicable standard of review, then the appellate court can reverse the decision of the lower court or remand the case back to the lower court for further proceedings.

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What is the standard of review in appellate proceedings?

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