What is the scope of review for an appellate court?
In North Carolina, appellate courts review cases that have already been heard in a lower court. The scope of review is the extent to which the appellate court will consider the facts of the case. Generally, appellate courts will not re-hear the entire case, but will instead review the record of the lower court’s proceedings. This means that they will review the evidence that was presented to the lower court, as well as the rulings that were made. Appellate courts in North Carolina will also consider whether the lower court’s decision was based on an error of law. This means they will consider whether the lower court judge correctly applied the law that is applicable to the case. If the appellate court finds that an error was made, they can reverse the decision of the lower court. Finally, appellate courts in North Carolina will consider any constitutional issues that were raised in the original court proceedings. Again, they will not re-hear the entire case, but will review the record to determine whether the constitutional issues were properly considered by the lower court. If they find that the lower court failed to properly consider a constitutional issue, they can reverse the decision. Ultimately, the scope of review for an appellate court is limited. They cannot re-hear the case as if it has never been heard before. Instead, their role is to review the record and determine if any errors were made in the lower court’s decision. If errors are found, the appellate court can reverse the decision.
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