What is the scope of review for an appellate court?
In Nevada, the scope of review for an appellate court is the authority the appellate court has to review the decision of a lower court. When a party appeals the decision of a lower court, the appellate court reviews only the record of the proceedings in the lower court to determine if any legal errors were committed. The appellate court does not review the facts of the case or make new findings of fact. The scope of review for an appellate court may either be de novo review or a limited review. De novo review is a broad and complete review of the lower court’s decision. The appellate court will consider all of the evidence presented in the lower court and make an independent determination about the resolution of the case. Limited review is a more narrow scope of review. The appellate court will only look at the legal issues raised by the lower court and evaluate them in light of the applicable law. In addition to de novo or limited review, the Nevada appellate court also applies the abuse of discretion standard. This standard applies to a variety of cases, such as civil cases involving questions of fact and the exercise of judicial discretion. The abuse of discretion standard means that the appellate court will not reverse a lower court’s decision if it can be reasonably explained. Therefore, the scope of review for an appellate court in Nevada is dependent upon the type of appeal being heard. The appellate court can either review the case de novo, review the legal issues raised by the lower court, or apply the abuse of discretion standard. All of these standards help ensure that the court reaches a fair and just outcome.
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