McConney, F. United States[ edit ] In the United Statesthe term "standard of review" has several different meanings in different contexts and thus there are several standards of review on appeal used in federal courts depending on the nature of the question being appealed and the body that made the decision.
If the appellate court's decision is the same, it affirms; if different, it reverses. Except for a de novo review, deference is given to the appellee the winner at trial. The abuse of discretion standard affords virtually the same amount of deference to the decisions of lower tribunals as the clearly erroneous standard though the clearly erroneous standard affords lower courts slightly more deference.
The burden is on the appellant to identify the alleged erroneous factual finding and to overcome the presumption of correctness applied to all lower court decisions. For example, under the Free Speech Clause, content-neutral time, place, and manner restrictions on speech are subject to a form of intermediate scrutiny.
The court determines whether the decision was a reasonable exercise of the agency's authority. About About the Standard of Review During a trial, a jury determines issues of fact by listening to the witnesses. Rational basis[ edit ] Generally, the Supreme Court judges legislation based on whether it has a reasonable relationship to a legitimate state interest.
Mixed issues of fact and law are also reviewed under this standard though some mixed issues rooted in fact may be decided under the clearly erroneous standard. Finally, this principle recognizes the expertise of trial judges and their advantageous position to make factual findings, owing to their extensive exposure to the evidence and the benefit of hearing the testimony 'viva voce.
If the party did raise a timely objection that was overruled, then on appeal, the burden of proof is on the other party to show that the error was harmless error. This is an extremely deferential standard.
The no substantial evidence standard affords even greater deference than the clearly erroneous standard.