What is the standard of review in appellate proceedings?

Appellate review is the process of reviewing a case or decision from a lower court. In New Hampshire, as in most states, appellate courts review decisions from lower courts and determine whether errors were made, in order to ensure that justice is served. The standard of review is the standard that appellate courts use to determine whether a lower court’s decision was correct. In general, appellate courts review the decision of the lower court to determine whether the lower court correctly interpreted the law. New Hampshire appellate courts use a multi-tiered standard of review. In other words, the type of legal issue at hand determines how strictly the court will review the decision. For example, if the issue at hand is a question of statutory interpretation, the court will generally apply a de novo standard of review and look at the issue anew without relying on the lower court’s understanding. On the other hand, if the issue at hand is a question of fact, the court will generally give the lower court’s decision greater deference, and will only overturn the lower court’s decision if the relevant facts are clearly erroneous. The standard of review makes sure that appellate courts are able to remain impartial and properly assess the decisions of lower courts, while also providing guidance as to how much deference should be paid to the lower court’s decision. In New Hampshire, the standard of review is multi-tiered and is determined by the type of legal issue at hand.

Related FAQs

Can a party appeal a judge’s decision directly to the state's Supreme Court?
How do I find a lawyer experienced in appellate law?
What is the standard of review for an appellate court’s decision on an interlocutory order?
What is the standard of proof necessary to win an appeal?
What is the process for obtaining a stay of execution pending an appeal?
What are the time limits for filing an appeal?
What is the time period for filing an appeal?
How does an appellate court evaluate a trial court’s legal errors?
What is the purpose of oral arguments to an appellate court?
What legal remedies are available in an appeal?

What is the standard of review in appellate proceedings?

Related FAQs

Related Blog Posts