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Judicial Mistakes

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VI. Standards of Review<br />

In law, the Standard of Review is the amount of deference given by one court (or some<br />

other appellate tribunal) in reviewing a decision of a lower court or tribunal. A low<br />

standard of review means that the decision under review will be varied or overturned if<br />

the reviewing court considers there is any error at all in the lower court's decision. A<br />

high standard of review means that deference is accorded to the decision under review,<br />

so that it will not be disturbed just because the reviewing court might have decided the<br />

matter differently; it will be varied only if the higher court considers the decision to have<br />

obvious error. The standard of review may be set by statute or precedent (stare<br />

decisis). In the United States, "standard of review" also has a separate meaning<br />

concerning the level of deference the judiciary gives to Congress when ruling on the<br />

constitutionality of legislation.<br />

United States<br />

In the United States, the term "standard of review" has several different meanings in<br />

different contexts and thus there are several standards of review on appeal used in<br />

federal courts depending on the nature of the question being appealed and the body<br />

that made the decision.<br />

Page 51 of 166

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