What is the scope of review for an appellate court’s decision?

In Texas, the scope of review for an appellate court’s decision is the measure of how much authority the court has to make changes to a lower court’s ruling. The scope of review determines the amount of evidence and arguments that the appellate court can review to determine if the lower court’s ruling should be changed. The types of scope of review include de novo, clear error, and abuse of discretion. De novo review is when the appellate court reviews the case independently and makes a decision based solely on the evidence in the record. They are not bound by the lower court’s decision-making and can change the ruling if they determine it was not correct. Clear error review is when the appellate court reviews the trial court’s decision and can only change the decision if they deem it was made “clearly erroneous”. The clear error standard requires the appellate court to view the evidence in a light most favorable to the trial court’s decision, as it is presumed correct. Finally, abuse of discretion review is when the appellate court reviews the decision for an abuse of discretion. This means that the court is looking for any unreasonable or irrational decisions that the trial court may have made. The appellate court has the authority to reverse or modify the ruling if an abuse of discretion is found. Overall, each type of scope of review has its own purpose and allows the appellate court to review the evidence and lower courts decisions and decide what action is necessary.

Related FAQs

What happens after a decision is rendered by an appellate court?
What is the process for filing an appellate brief?
What is the process for filing an interlocutory appeal?
What kind of relief can be sought from an appellate court?
What is the standard of review on a motion to suppress evidence?
What is the process for obtaining a stay of execution pending an appeal?
What evidence is available to support an appeal?
What is the standard of review on a trial court’s decision to admit or exclude evidence?
What is an interlocutory appeal?
How does an appellate court decide to grant or deny a petition for certiorari?

What is the scope of review for an appellate court’s decision?

Related FAQs

Related Blog Posts