What is the standard of review for an appellate court?

The standard of review for an appellate court in Indiana is the de novo standard. This means that the appellate court reviews the case anew, with no deference to the lower court’s ruling. The appellate court looks at the law that was applied by the lower court, the facts of the case, and the arguments presented by the parties. The appellate court then makes its own decisions without relying on the earlier decision. The purpose of the de novo standard is to ensure that the appellate court can make a completely independent review of the case and make its own decisions without any bias. When an appellate court is reviewing a case de novo, they examine both the legal and factual aspects of the case. They may consider the pleadings, the evidence presented, the legal arguments, and any other factors they feel are relevant. After making their review, the appellate court then issues an opinion explaining their decision and the rationale for the decision. While the de novo standard is the standard of review in Indiana, some cases require more deferential or less deferential standards of review depending on the circumstances.

Related FAQs

What is the difference between civil and criminal procedure?
What is a complaint?
What is the process of filing a motion?
What is the difference between a motion to intervene and a motion to join a case?
What is the burden of proof in civil cases?
What are the challenges to a summons?
What is a motion for a directed verdict?
What is the trial stage of civil procedure?
What is a motion for summary judgment?
What is class action litigation?

What is the standard of review for an appellate court?

Related FAQs

Related Blog Posts