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

When an appellate court is looking at a case involving the interpretation of a statute, they review it according to the standard of review. This means that the court must consider the meaning of the statute to determine whether the trial court’s ruling was correct. In South Carolina, the standard of review when dealing with an interpretation of a statute is de novo. This means that the appellate court is starting with a clean slate and is not bound by the trial court’s interpretation. The appellate court is looking at the case with fresh eyes and can come to its own conclusion about how the statute should be interpreted. The appellate court will consider the plain language of the statute, as well as look at how it’s been interpreted in similar cases. The appellate court may also consider legislative history or public policy to make its determination. After the appellate court has reviewed all of the facts and circumstances, it will make a decision on whether the trial court’s ruling was correct. If it finds that the trial court made an error, the appellate court has the power to reverse it. This decision is then final, and the appellate court’s interpretation of the statute is binding.

Related FAQs

What is the process for filing a petition for rehearing?
What is the procedure for filing a petition for writ of certiorari?
What is the difference between a discretionary appeal and a mandamus petition?
What is the standard of review for an appellate court’s decision on a motion to dismiss?
Are parties able to appeal an appellate court’s decision to a higher court?
Are parties prohibited from appealing a judge’s decision?
What kind of relief can be sought from an appellate court?
Are parties able to challenge an appellate court’s decision through a petition for rehearing?
What issues can be raised on appeal?
What is the difference between an oral argument and a brief on appeal?

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

Related FAQs

Related Blog Posts