What is the standard of review for an appeal from a final judgment?

In North Carolina, the standard of review for an appeal from a final judgment is whether there was an error of law or a fact-based mistake. The appellate court looks at the proceedings in the lower court and determines if there was a mistake made that warrants a reversal of the decision. When an appeal is filed, the appellate court reviews the proceedings of the case and the evidence presented. The court looks closely at the legal arguments put forward by the attorneys and the evidence put forward by each side. When considering whether the lower court made an error of law or a fact-based mistake, the court must determine if the lower court followed the law and correctly applied the facts to the law. In North Carolina, the standard of review for appeals from a final judgment is called de novo review. This means that while the appellate court will review the record of the lower court and the legal arguments, the appellate court will review the legal issues as if they had not been reviewed before. This means the appellate court has the ability to decide the case without any deference to the decision of the lower court. The purpose of de novo review is to make sure that all cases are properly decided and to ensure that everyone receives a fair and impartial review. However, the appellate court can only decide the case based on what is in the record and the legal arguments made in the appeal. The appellate court cannot consider new evidence or arguments that were not presented in the lower court.

What is the standard of review for an appeal from a final judgment?

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