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

An appellate court’s standard of review is the criteria that the court uses to evaluate the decisions of an lower court. In Washington, there are generally three different standards of review used by appellate courts. The first standard is de novo review. This means that the appellate court will review the case from scratch, as if it were the first time they had seen the case. The court will consider all the evidence and arguments presented and make its own independent decision. The second standard is abuse of discretion. This means that the appellate court will review the decision made by the lower court to determine if there was an abuse of discretion. An abuse of discretion occurs when the lower court interprets the law in a manner that is unreasonable or contrary to established legal doctrine. The third standard is clear error. This standard of review means that the appellate court will review the decision made by the lower court to determine if there was a mistake or an error in the lower court’s findings of fact. If so, the court may order a new trial or a change in the decision made by the lower court. These three standards of review are commonly used by appellate courts in Washington to review the decisions made by lower courts. The court must consider each standard carefully to determine which is most appropriate for a particular case.

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

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