What is the standard of review for an appellate court?

The standard of review for an appellate court in Michigan is the de novo standard of review. De novo review means that the appellate court reviews the same evidence as the trial court, and reviews the case from the beginning in order to make an independent judgement about the case. The appellate court can accept, reject, or modify the trial court’s ruling based on its own independent review. The de novo standard of review is not used in every case. In some cases, the appellate court may instead use the clearly erroneous standard of review. This means that the appellate court will not review the case from the beginning, but instead reviews the evidence from the trial court to determine if the trial court made any mistakes in its ruling. A ruling is only considered "clearly erroneous" if the appellate court finds that the trial court made a mistake and that the mistake affects the outcome of the case. In both cases, the appellate court does not decide the case based on its own opinion of the evidence. Instead, it looks at the evidence presented in the trial court and makes a determination of whether any errors were made. If an error is found, then the appellate court can modify the trial court’s ruling. If no errors are found, then the appellate court will affirm the trial court’s ruling.

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