The Standard of Review on Appeal: Court provides example of how it determines the outcome of appeals

Apr 10, 2018
Virginia Lawyer

Introduction

Welcome to Richardson Law Firm PC's informative guide on the standard of review on appeal. In this article, we will discuss the intricacies of appellate court decisions and provide an example of how the Court of Appeals determines the outcome of appeals.

What is the Standard of Review on Appeal?

The standard of review on appeal refers to the level of scrutiny that an appellate court applies when reviewing a lower court's decision. It determines how much deference the appellate court gives to the lower court's findings of fact and conclusions of law.

Appellate courts generally use three main standards of review: de novo, clearly erroneous, and abuse of discretion. Each standard has its own set of criteria and implications.

The De Novo Standard

The de novo standard of review is the most rigorous standard applied by appellate courts. Under this standard, the appellate court reviews the lower court's decision as if it were deciding the case for the first time, without giving any deference to the lower court's findings.

In other words, the appellate court independently examines the evidence and applies the law to reach its own conclusions. This standard is typically used for questions of law, where the issue is whether the lower court correctly interpreted and applied the law.

The Clearly Erroneous Standard

The clearly erroneous standard is applied when reviewing a lower court's findings of fact. Under this standard, the appellate court will only overturn the lower court's findings if it determines that they are "clearly erroneous," meaning that no reasonable person could have reached the same conclusion based on the evidence presented.

The appellate court does not substitute its own judgment for that of the lower court; instead, it examines whether the lower court's findings were reasonably supported by the evidence. This standard recognizes that the lower court, as the finder of fact, is in the best position to assess the credibility of witnesses and weigh the evidence.

The Abuse of Discretion Standard

The abuse of discretion standard is used when reviewing a lower court's discretionary decisions, such as decisions related to case management, evidentiary rulings, or the imposition of sanctions. Under this standard, the appellate court will only reverse the lower court's decision if it finds that the lower court abused its discretion.

An abuse of discretion occurs when the lower court's decision is arbitrary, capricious, or manifestly unreasonable. The appellate court examines whether the lower court applied the correct legal standard and whether it exercised its discretion within the bounds of reason.

Example of the Standard of Review on Appeal

To illustrate how the standard of review on appeal works in practice, let's consider a hypothetical case involving a contract dispute.

Suppose that the lower court, in this case, found in favor of the plaintiff based on its interpretation of the contract's language. The defendant, however, believes that the lower court misinterpreted the contract and wants to appeal the decision.

If the appellate court applies the de novo standard of review, it will independently review the contract and determine whether the lower court correctly interpreted its language. If the appellate court disagrees with the lower court's interpretation, it may reverse the decision and enter a new judgment.

On the other hand, if the appellate court applies the clearly erroneous standard, it will only overturn the lower court's decision if it finds that the lower court's interpretation of the contract was clearly erroneous - that is, no reasonable person could have reached the same interpretation based on the evidence.

If the appellate court applies the abuse of discretion standard, it will assess whether the lower court, in interpreting the contract, abused its discretion by applying an incorrect legal standard, disregarding relevant evidence, or making a manifestly unreasonable decision.

Conclusion

The standard of review on appeal plays a critical role in the outcome of appellate court decisions. Appellate courts carefully consider the applicable standard and apply it to the specific circumstances of each case. By understanding the standard of review, litigants and legal professionals can better assess their chances of success and shape their appellate arguments.

At Richardson Law Firm PC, we have a deep understanding of the standard of review and can provide expert guidance on navigating the appellate process. Contact us today to learn more about our services and how we can assist you with your appeal.