Legal Definitions - review

Review is when a higher court looks at a decision made by a lower court to see if there were any mistakes made. If there were mistakes, the higher court can change the decision. If there were no mistakes, the higher court will agree with the decision.

There are different ways that courts review decisions, depending on the type of case and the lower court. For example:

• When a higher court reviews a decision made by a trial court, they will often look at the case again from the beginning, without relying on what the trial court decided.
• When a higher court reviews a decision made by an administrative agency, they will often give more deference to the agency's decision, especially when it comes to questions of law.
• When a lower court has some discretion in making a decision, a higher court will only change the decision if the lower court made a serious mistake, called an "abuse of discretion."

For example, let's say a person is convicted of a crime in a trial court. They appeal the decision to a higher court, arguing that the trial court made a mistake. The higher court will review the decision to see if there were any mistakes made. If they find a mistake, they might change the decision and order a new trial. If they don't find any mistakes, they will agree with the trial court's decision.