Section 1.16 Introduction

• Library: App Ct Prac 2015 Supp

a. (§1.16) Introduction

The standard of review determines the degree of scrutiny the appellate court will apply when reviewing the rulings made below. The highest degree of scrutiny—de novo review—enables the court to review even the smallest errors. Under a more deferential standard of review—such as an abuse of discretion standard—only the largest and most egregious errors will warrant relief.

The impact of the standard of review can be tremendous. In one case, a federal appeals court stated, “if the question of law were reviewed under the deferential standard . . ., which permits reversal only for clear error, then [we] would affirm; but, if [we] were to review the determination under an...