What is the standard of review for an appellate court’s decision?
The standard of review is an important concept for the Delaware appellate system. It involves the means by which a higher court, such as the Delaware Supreme Court, reviews the decisions of lower courts. Under Delaware’s standard of review, the Supreme Court will not overturn a decision of a lower court unless it was clearly wrong or based on an incorrect interpretation of the law. This means that the Supreme Court will generally only change a lower court’s decision if it can be demonstrated that the decision was clearly wrong. The Delaware Supreme Court will typically review both the facts and the law when considering an appeal. To decide whether a lower court’s decision was clearly wrong, the Supreme Court will review the evidence presented in the lower court and assess the legal arguments made by the parties. The Supreme Court may also consider whether the lower court’s decision was supported by legal precedent, or whether the lower court applied the correct legal principles. In most cases, the Delaware Supreme Court will not substitute its own judgment for that of the lower court. It will only change the lower court’s decision if it is clear that the lower court was clearly wrong. Thus, the Delaware Supreme Court’s standard of review is designed to ensure that the decisions of lower courts are respected and not overturned on a whim.
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