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

In Nebraska, the standard of review for an appellate court’s decision is determined by the type of case and the issue presented to the court. Generally, an appellate court reviews a lower court’s decision for errors in the application of law, errors in fact-finding, or an abuse of discretion. When a lower court’s decision is based on law and the facts on the record, the court of appeals must accept the decision as correct unless it is clearly erroneous. This is known as the “clearly erroneous” standard of review. If the lower court’s decision involves questions of law, the court of appeals applies a de novo standard of review, which means the court of appeals will consider the case anew and reach its own conclusion without giving deference to the lower court’s decision. In some cases, the court of appeals will review a lower court’s decision for an abuse of discretion. This occurs when a lower court’s decision is based on an incorrect legal standard, the court is biased or prejudiced, or the court’s decision is outside the bounds of what a reasonable court would have done. In such cases, the court of appeals may overturn the lower court’s decision. The standard of review employed by an appellate court in Nebraska is important to ensure that lower court’s decisions are given proper respect and are reviewed in an appropriate manner. In order to ensure the integrity of our judicial system, a court of appeals must apply the standard of review that corresponds to the type of case and the issue presented.

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

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