The Appellate Function and Standards of Review

Abstract

Appellate standards of review structure the relationship between trial and appellate courts by defining when appellate intervention is permissible. Their function is to ensure that appeals serve their intended role. Appellate standards of review also serve to maintain deference to trial courts, so they too can fulfill their proper function. A trial court’s primary role is adjudicating disputes based on evidence and established legal principles. Appellate courts main functions consist of error correction and law making. They do not rehear cases. Rather, they assess whether trial decisions contain errors warranting intervention. Standards of review formalize this process by determining the degree of deference owed.