§ 12.3 Legal Issues Are Reviewed De Novo

• Jurisdiction: Washington

§12.3 LEGAL ISSUES ARE REVIEWED DE NOVO

The mandate of the appellate courts is to decide the law, and appellate courts review rulings on pure questions of law "de novo." See, e.g., Town of Woodway v. Snohomish County, 180 Wn.2d 165, 172, 322 P.3d 1219 (2014). The "de novo" or "error of law" standard of review permits the appellate court to substitute its judgment for that of the decision maker whose decision is being reviewed. Skamania County v. Columbia River Gorge Comm'n, 144 Wn.2d 30, 42, 26 P.3d 241 (2001).

Questions of law subject to de novo review include the trial court's conclusions of law in a bench trial, whether a particular jury instruction correctly states the law, the proper construction of a contract or statute, the legal effect of a particular action, and the application of a statute to an undisputed set of facts. Questions of law include, for example, certified questions from federal courts, Bylsma v. Burger King Corp., 176 Wn.2d 555, 558, 293 P.3d 1168 (2013); issues of constitutionality and statutory construction, State v. Evans,...