Standard of Review

Standard of Review

Definition

The amount of deference given by an appellate court in reviewing the decision of a lower court. Different standards apply depending on type of matter and whether the court is reviewing issues of law, issues of fact decided by a judge, issues of fact decided by a jury, or a judge's discretionary ruling. In constitutional matters, courts use three standards of review or scrutiny to assess the constitutionality of legislation: rational basis, intermediate scrutiny, or strict scrutiny.

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