What is the appellate court’s scope of review for a trial court’s decision to grant or deny a motion for summary judgment?

Appellate courts review cases to determine if the trial court made a legal error in its decision to grant or deny a motion for summary judgment. The scope of review is limited by the record on appeal, which is the collection of evidence, testimony, and documents presented to the trial court. In New Hampshire, the appellate court must determine whether the trial court was right or wrong in its legal conclusion on the motion for summary judgment. The appellate court reviews the record on appeal to decide whether the trial court applied the correct legal standards. In particular, it looks at the evidence presented to decide if the facts of the case warrant granting or denying the motion. In some cases, the appellate court may decide the trial court’s decision was correct, but for different reasons than those given by the trial court. In those cases, the appellate court will uphold the decision but weaken the trial court’s legal reasoning. In summary, the scope of appellate review for a trial court’s decision to grant or deny a motion for summary judgment is limited by the record on appeal. The appellate court must determine whether the trial court was right or wrong in its legal conclusion, and assess whether the evidence presented warrants granting or denying the motion. In some cases, the appellate court may uphold the decision, but weaken the legal reasoning given by the trial court.

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What is the appellate court’s scope of review for a trial court’s decision to grant or deny a motion for summary judgment?

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