What is the standard of review for an appellate court?

The standard of review for an appellate court in Kansas is the same as it is for many states: a court of appeals looks at whether the trial court made its decision correctly. Generally, the appellate court presumes the lower court’s decision was correct and the party appealing must show the decision was incorrect. This is called a “deferential” standard of review. The standard is different, however, in certain special circumstances. In certain civil cases, the appellate court is required to use a “de novo” standard of review. This means that the appellate court looks at the case without deferring to the lower court’s decision, as if it were the first time the case was being heard. This standard of review is used when the case involves questions of law rather than fact. Finally, in cases involving mixed questions of law and fact, the court applies a hybrid standard of review. This means that the court shows deference to the facts as found by the lower court but does not defer to the lower court’s legal conclusions. In all three cases, the appellate court’s goal is to determine whether or not the lower court was correct in its decision. No matter the standard, it is the appellate court’s job to ensure that all parties to a case have received a fair and impartial hearing.

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