What is the standard of review for an appellate court?

The standard of review for an appellate court in Hawaii is the “right/wrong” standard. This means that the appellate court will review the trial court’s decision and determine if there was any error of law, or if the trial court abused its discretion. The appellate court does not weigh the evidence or consider the credibility of the witnesses; it is solely focused on whether the trial court properly applied the applicable law and whether any errors of law were made. If the appellate court finds an error of law, the court must then decide whether that error was “harmless” or “prejudicial”. A harmless error is one that did not have a substantial influence on the outcome of the case. If the appellate court finds that an error was “prejudicial”, then it must reverse the decision of the trial court and order a new trial. The appellate court must also consider whether any questions of fact were presented in the trial court proceedings. If so, the appellate court must determine if the trial court’s findings of fact were supported by substantial evidence. This means that the appellate court reviews the record of the trial to determine if the trial court’s findings of fact were based on reasonable evidence. Finally, the appellate court must also determine if the trial court imposed a proper sentence or judgment. If the appellate court finds that the trial court imposed an improper sentence or judgment, then it must modify or reverse the judgment to comply with the applicable law.

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What is the standard of review for an appellate court?

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