What is the standard of review for an appellate court’s interpretation of a statute?
In North Carolina, the standard of review for an appellate court’s interpretation of a statute is de novo review. This type of review means that the appellate court will review the legal issues and relevant facts in a case without being bound by the trial court’s opinion. This means that the appellate court will form its own opinion on the law and facts surrounding the case. In the process, the appellate court will review both the legal principles and the evidence presented in the case in order to determine the correctness of the lower court’s ruling. The purpose of this type of review is to ensure that the correct legal principles are applied to the facts of the case and that the lower court’s ruling is consistent with precedent. This type of review gives the appellate court significant discretion to modify, overturn, or affirm the decisions of the lower court. This is especially beneficial in cases involving the interpretation of a statute, as it allows the appellate court to interpret the statute and determine how it applies to the facts of the case. Ultimately, the standard of review for an appellate court’s interpretation of a statute is de novo review and it is the appellate court that ultimately determines the correctness of the lower court’s ruling. This type of review is important for ensuring that the correct legal principles are applied in cases and that the law is properly interpreted and applied.
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