What is the standard of review for an appellate court’s decision?
Appellate courts in Illinois must review cases based on a standard of review. The standard of review is the standard that appellate courts must use when deciding whether to uphold, overturn, or modify a lower court’s decision. This means that the appellate court will take the facts of the case and consider them in the context of the law at hand. The most common standard of review is the “abuse of discretion” standard, which is used when the lower court has wide discretion in how it decided the case. Under this standard, the appellate court will review the lower court’s decision to determine if the court made a mistake in either its interpretation of the law or its consideration of the facts of the case. If the court made an error, then the appellate court may choose to overturn the lower court’s decision. The appellate court may also review a lower court’s decision based on the “clear error” standard. This standard is used when the lower court’s decision was based on facts and evidence and there is not a lot of room for interpretation. The appellate court will look at the evidence and determine if there were any clear errors made in how the lower court judged the facts or legal issues. If there were any errors, then the appellate court may choose to overturn or modify the lower court’s decision. The standard of review that an appellate court must use can vary from case to case, and it ultimately depends on the facts of the case, the law at hand, and the discretion of the lower court. It is important for all parties to understand the standard of review that will be used by the appellate court as they prepare their case for review.
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