What is the standard of review for an appellate court’s decision on a motion to dismiss?

When an appellate court in New Hampshire reviews a motion to dismiss, it will use a particular standard of review. This standard is known as the “de novo” standard, which means that the appellate court will review the case as if it were hearing it for the first time, disregarding any prior decisions or rulings. It will review the motion to dismiss based on the evidence and legal arguments presented to the lower court, without giving any deference to the lower court’s interpretation of the law or its decision. The de novo standard of review allows the appellate court to make its own decision, independent of the lower court’s ruling. The court will consider the evidence and arguments presented to the lower court and make its own decision on the motion to dismiss without having to give deference to the lower court. The court will also review the facts in the motion to dismiss and make its own determination, based on the facts and the law, as to whether the motion should be granted or denied. It is important to note that the appellate court does not review decisions related to matters of fact. Instead, it reviews decisions related to matters of law. This means that the court will review the facts presented to the lower court and determine whether the lower court applied the correct legal principles in making its decision. If the court finds that the lower court did not apply the correct legal principles, it can overturn the lower court’s decision and grant the motion to dismiss.

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What is the standard of review for an appellate court’s decision on a motion to dismiss?

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