Legal Definitions - standard of review

Definition: Standard of review refers to the criteria used by an appellate court to evaluate the constitutionality of a statute or the appropriateness of a lower court's decision.

For example, if a lower court makes a ruling in a case, the appellate court will review the decision to determine if it was made in accordance with the law. The standard of review used by the appellate court will depend on the type of case and the issues involved.

One example of a standard of review is the "clear error" standard. This standard is used when the appellate court is reviewing a lower court's findings of fact. The appellate court will only overturn the lower court's decision if it finds that the lower court's findings were clearly erroneous.

Another example is the "de novo" standard. This standard is used when the appellate court is reviewing a lower court's decision on a question of law. In this case, the appellate court will review the lower court's decision without giving any deference to the lower court's ruling.

These examples illustrate how the standard of review can impact the outcome of a case. Depending on the standard of review used, the appellate court may be more or less likely to overturn the lower court's decision.