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Appeals courts approach appellate decision-making in different ways depending on the types of questions presented for review on appeal. What is the correct standard of review that contains the highest level of deference to decisions of a trial judge, jury, or administrative agency on appeal?

A. Questions of fact decided by the judge (Clear Error)
B. Questions of law (De Novo)
C. Questions of fact decided by the jury (Reasonableness)
D. Discretionary decisions by a judge (Abuse of Discretion)

Sagot :

Final answer:

Appellate courts utilize the standard of review known as 'Abuse of Discretion' for decisions made by trial judges, juries, or administrative agencies on appeal, giving a high level of deference to the original decision-makers. This standard focuses on questions of law rather than questions of fact, emphasizing legal errors that could affect trial outcomes. The 'Abuse of Discretion' standard upholds the authority and judgment of the lower courts or agencies.


Explanation:

The correct standard of review that contains the highest level of deference to decisions of a trial judge, jury, or administrative agency on appeal is Discretionary decisions by a judge (Abuse of Discretion). This standard gives significant deference to the original decision-makers and allows for limited intervention by the appellate court.

Appellate courts focus on questions of law rather than questions of fact when reviewing cases. They analyze legal arguments and determine if errors in legal procedures or law occurred during the trial, which could impact the outcome.

In cases where the decision-making authority of the lower court is challenged, the Abuse of Discretion standard provides a high level of respect for the discretion exercised by the trial judge or administrative agency.


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