Define: Standard Of Review

Definition:

Standard of review refers to the process by which a higher court evaluates the correctness of a lower court’s decision. This evaluation is conducted based on established rules and criteria to determine the legality of a law or the fairness of a judge’s ruling.

The standard of review pertains to the criteria utilised by an appellate court to assess the constitutionality of a statute or the appropriateness of a lower court’s verdict. When a lower court makes a ruling in a case, the appellate court will scrutinize the decision to determine if it was made in accordance with the law. The standard of review employed by the appellate court will vary depending on the type of case and the issues involved. One instance of a standard of review is the “clear error” standard, which is utilised 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 determines that the lower court’s findings were clearly erroneous. Another example is the “de novo” standard, which is used when the appellate court is reviewing a lower court’s decision on a question of law. In this scenario, the appellate court will review the lower court’s decision without giving any deference to the lower court’s ruling. These examples demonstrate how the standard of review can impact the outcome of a case. Depending on the standard of review employed, the appellate court may be more or less likely to overturn the lower court’s decision.

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This glossary post was last updated: 17th April 2024.