What is the standard of review in appellate proceedings?

In Mississippi, the standard of review in appellate proceedings is the de novo standard. This means that the appellate court reviews the case from the start, examining all the evidence anew and disregarding the findings of the lower court. This review allows the appellate court to make its own determination as to the legal accuracy of the case, and to do so independently from the lower court’s decision. In other words, the appellate court has the right and responsibility to question the accuracy of the lower court’s conclusion, and to reverse the decision if it finds that the lower court made an incorrect legal interpretation. The appellate court is also responsible for determining whether the lower court made any errors in its application of the law or misapplied the law in its decision. In addition to the de novo standard, the appellate court may also review a case using the abuse of discretion standard. This standard requires the appellate court to determine whether the lower court made any errors that impacted the outcome of the case, such as making a decision that was beyond the scope of the law or acting in an arbitrary way. Overall, the standard of review in appellate proceedings in Mississippi is the de novo standard, although the appellate court may also choose to review a case using the abuse of discretion standard. The de novo standard enables the appellate court to examine the case from the start and make its own decision independently from the lower court’s ruling.

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