Standard of Review
The legal test an appellate court applies when deciding how closely to scrutinize a lower court's ruling.
The standard of review determines how much deference an appellate court gives to a lower court's decision on a given issue, ranging from largely deferential review of factual findings to closer, less deferential review of pure legal questions. Which standard applies depends on the type of ruling being appealed, and it shapes what an appellate brief actually has to prove.
Identifying the correct standard of review for each issue is one of the core analytical jobs of appellate counsel, not a formality. The wrong standard framing can weaken an otherwise strong argument.