DocketXDocketX / Glossary / standard of review
Standard Of Review
Standard of review is the level of deference a higher court gives to a lower court's decision when reviewing an appeal.
What it actually is
It is a legal principle that defines how closely an appellate court examines a lower court's ruling, ranging from highly deferential (like abuse of discretion) to independent review (like de novo). The applicable standard depends on the type of issue being appealed—such as questions of fact, law, or procedure—and determines whether the lower court's decision will be upheld or reversed.
Why it matters in your case
The standard of review directly affects your chances of winning an appeal, because a more deferential standard makes it harder to overturn the lower court's decision. Knowing which standard applies helps you and your lawyer focus arguments on the specific errors the appellate court is allowed to consider.
The common misunderstanding
Many people mistakenly think an appeal is a complete redo of the trial, but the standard of review limits what the appellate court can reconsider—it generally does not reweigh evidence or hear new testimony. The standard also varies by issue, so the same case may have different standards for different parts of the decision.
Get the actual rule
Definitions are orientation; rules are authority
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
Terms that travel with this one
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.