What is the scope of review for an appellate court?

The scope of review for an appellate court in Delaware is determined by the type of case being appealed. In general, Delaware appellate courts review the evidence and the arguments presented in the lower court to see if any errors were made during the legal proceedings. The court may also review the record to determine if the ruling was supported by the evidence and if the lower court properly applied the law. The standard of review for civil cases is called a "de novo" review, which means the court reviews the facts and the law from the beginning, as if it were the first to hear the case. When evaluating the facts, the appellate court will accept the lower court’s findings unless they are clearly erroneous. In this case, the court will consider the evidence presented in the lower court, as well as the arguments made by each party. In criminal cases, Delaware appellate courts use a "substantial evidence" test. This means that the appellate court reviews the evidence presented at the lower court to determine if a reasonable person could find the defendant guilty. The court also examines any errors made by the lower court to make sure the defendant was not denied a fair trial. Finally, the appellate court reviews all procedural matters to ensure that the lower court followed the law and all applicable rules. This includes making sure the lower court did not exceed its jurisdiction or violate due process. If an error was made in the proceedings, the appellate court may reverse the ruling or order a new trial.

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What is the scope of review for an appellate court?

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