

STANDARD OF REVIEW II: IF THERE IS NO WIND, ROW
In a recent post I explained the importance of standards of review in appellate practice. In brief, when it exercises deferential review, the appellate court determines if the lower court’s decision was reasonable even if the appellate court disagrees with it. By contrast, when it employs “de novo” review, the appellate court makes a fresh examination of the issue and decides if the lower court was right. When the appellate court determines if the lower court was right, it ma