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

In North Carolina, the standard of review for an appellate court’s decision is called de novo review. This means that the appellate court reviews the case from the beginning, as if no lower court had reviewed it. This is unlike other forms of review, such as “clear error” review, which is used when courts review factual findings, and “abuse of discretion” review, which looks at the discretion of a lower court. De novo review allows an appellate court to reconsider questions of law and fact and to substitute its own decision for that of the lower court. The court looks at the facts presented by the parties, the arguments made by counsel, and the law applicable to the case. The court is then free to form its own opinion on the case, free from the decision of the lower court and based on its own analysis. De novo review is the most common standard of review in North Carolina courts. The court may also employ a higher or lower standard of review if the case requires it. The court may also accept the findings of the lower court if the findings are supported by the evidence, or render the lower court’s decision moot if the facts of the case have changed or the legal environment has shifted.

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

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