What is the standard of review for an appellate court?
The standard of review is a rule that an appellate court uses when reviewing a lower court’s decision. In Texas, the standard of review for an appellate court deciding a civil case is the abuse of discretion standard. This means that the appellate court will not substitute its judgment for that of the lower court, but will determine whether the lower court’s decision was an abuse of its discretion. This standard generally applies when the lower court’s decision involved the application of law to facts or the weighing of evidence. The abuse of discretion standard is a relatively deferential standard and requires the appellate court to presume the correctness of the lower court’s decision and reverse only if the decision was so unreasonable or arbitrary as to amount to an abuse of discretion.
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