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

An appellate court is a court that hears appeals from lower courts or tribunals. When a court makes a decision, it is often appealed to a higher court — in this case, an appellate court. The standard of review for an appellate court’s decision is the legal standard used to determine if the lower court’s ruling was correct. In South Carolina, the standard of review is usually one that requires the appellate court to determine if the lower court made a legal error. The court must look at the law as applied to the facts of the case to decide if the lower court made an error in its decision. The standard of review for the appellate court’s decision can vary depending on the type of case and the court. Generally, the higher the court, the stricter the standard of review. The South Carolina Supreme Court, for example, has the highest standard of review and gives a great deal of deference to the lower court’s decision. The South Carolina Court of Appeals, on the other hand, has a less stringent standard of review. In any case, the appellate court must base its decision on the law as applied to the facts of the case.

Related FAQs

How does an appellate court evaluate a trial court’s factual findings?
What happens if I lose my appeal?
How do I appeal a criminal conviction?
What is the procedure for filing a petition for writ of certiorari?
What is the standard of review for a motion for a new trial?
What is the standard of review on a trial court’s decision to admit or exclude evidence?
How do I protect my rights if I do not have an attorney during an appeal?
What happens after a decision is rendered by an appellate court?
What is the process for filing a petition for certiorari to the U.S. Supreme Court?
What is the process for obtaining an appellate court review of a trial court’s decision?

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

Related FAQs

Related Blog Posts