What is the standard of review for an appellate court’s interpretation of a statute?
In appellate law, the standard of review is the rule used by an appellate court to determine how much power it has in reviewing a lower court’s decision. In the state of Illinois, the standard of review for an appellate court’s interpretation of a statute is de novo, which means the appellate court looks at the issue from scratch and makes its own interpretation of the law without giving deference to the lower court’s decision. This means that the appellate court can overrule the decision of the lower court if they come to a different conclusion. The court will take into account all the relevant facts and apply the law to those facts, regardless of what the lower court said. The appellate court will look at the actual text of the statute to determine the meaning of the law, which can sometimes be difficult to interpret. The court may also look at other sources, such as court decisions from other courts in the same state or from other states, prior administrative agency decisions, or even legal dictionaries. In the end, the purpose of de novo review is to ensure that the law is applied correctly and consistently, regardless of the decision of the lower court.
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