What is the standard of review for an appellate court’s interpretation of a statute?

In Delaware, the standard of review for an appellate court’s interpretation of a statute is de novo review. This means that when an appellate court reviews a trial court’s interpretation of a statute, the appellate court will consider the matter anew, as if the trial court had not previously decided it. This means that the appellate court will independently examine and interpret the statute that is in question. The appellate court will take into account the plain language of the statute, and also consider the statute’s context. This includes looking at any related statutes, court decisions, or other evidence that might help to explain the meaning of the statute. The court may also review the legislative history of the statute to better understand the intent of the legislature when they wrote the statute. The appellate court might also look to prior decisions from other courts in similar cases in order to reach its decision. On rare occasions, if the language of the statute is unclear or ambiguous, the appellate court may consider matters outside of the record, such as expert witness testimony, to help them interpret the statute. Ultimately, the appellate court has the responsibility to determine the correct interpretation of the statute, and will be the final arbiter in the matter.

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What is the standard of review for an appellate court’s interpretation of a statute?

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