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

The standard of review is a guideline used by appellate courts when reviewing legal decisions. In Georgia, appellate courts use a de novo standard of review, which means they will review the case from scratch without deferring to the lower court’s decision. This means they will weigh the evidence and arguments anew, as if it were the first time the case was heard. The goal of this standard of review is to ensure justice is served and to ensure that rulings are based on the law. Appellate courts in Georgia will consider the facts of the case when reviewing but they will look at the legal aspects of the case more closely. They must determine whether the decision was correctly decided based on the applicable law and must also determine if any errors occurred in the court’s reasoning. The de novo standard of review is the standard used in Georgia’s appellate courts to ensure that rulings are based on applicable law and legal principles. It is certainly a more rigorous standard of review than some other states but it is essential to secure a fair and just result. If an appellate court’s decision is continued to be reviewed and questioned, the de novo standard is likely to be used.

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