What is the scope of review for an appellate court?

Appellate courts are courts that hear appeals from lower courts. These courts review the decisions of the lower courts to determine if any errors were made in the decision that could change the outcome. In Nebraska, an appellate court’s scope of review is determined by Nebraska statute. Depending on the situation, the court may review the record of the trial to determine if legal errors were made or if the lower court’s decision was contrary to the law or to the clearly established principles of law. It is important to note that the appellate court does not make new findings of fact, as that is the job of the trial court. The appellate court is only determining if the decisions made by the trial court were correct. Appellate courts also review decisions from administrative agencies. In this situation, the court is determining if the agency involved acted properly and made its decision within the confines of the law. The court will review the agency’s decision for errors of law, errors of fact, or abuse of discretion. The court will also review whether or not the agency followed any procedures as required by applicable rules. It is important to recognize that appellate courts in Nebraska cannot review cases where the lower court’s decision is based solely on a question of fact. Generally, the scope of review for an appellate court is limited to cases where there is an issue of law or a question of fact that affects the outcome of the case. Appellate courts in Nebraska are not the final authority on any matter; they can only review and reverse or affirm the decisions of lower courts.

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