What is the scope of review for an appellate court?
In Indiana, the scope of review for an appellate court, or the court of appeals and Supreme Court, is the authority that a higher court has to review decisions made by a lower court. These courts are empowered to decide if a lower court’s decision was just or if it should be overturned. The scope of review for Indiana’s appellate courts is limited. They will only consider evidence that was presented and heard in the lower court. Appellate courts do not take any new testimonies or review any new evidence. They do not reweigh the facts or the evidence; instead, the higher court will review the lower court’s rulings to determine if proper legal procedure was followed. Appellate courts will review the lower court’s legal decisions to determine if they are proper interpretations of law. This includes reviewing the lower court’s decisions to determine if the correct laws were followed, if the right precedents of case law were applied, and if any errors were made when interpreting the law. Appellate courts in Indiana also review if any abuse of discretion took place in the lower court. This is when the lower court makes decisions that are not consistent with the law or other court rulings. An appellate court can reverse the lower court’s decision if it believes abuse of discretion has occurred. The scope of review for Indiana’s appellate courts is to review lower court decisions to make sure the law was interpreted properly and correctly followed. If the appellate court finds any errors or discrepancies, it may reverse the lower court’s decision and remand the case for further proceedings.
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