Appeal

(redirected from Abuse of discretion)
Also found in: Dictionary, Thesaurus, Medical, Legal, Encyclopedia, Wikipedia.

Appeal

A request to a higher court to review a previously completed criminal or civil case. In general, only one of the parties involved in the original case may appeal it.
References in periodicals archive ?
297) Also, the three-tiered standard ends with abuse of discretion, which emphasizes the trial court's traditional role of original gatekeeper regarding evidentiary issues.
Ultimately, the general aspects of appellate review detailed above might support the conclusion that prong one ought to be reviewed de novo, while the trial court's balancing or weighing of prongs two and three ought be reviewed for abuse of discretion.
Part V argues that rather than using the misleading term "unitary" to describe Koon's abuse of discretion standard of review, the abuse of discretion standard should be reformulated to reflect a sliding scale of deference approach in which differing degrees of deference (highly deferential, substantially deferential, moderately deferential, and non-deferential) are applied depending upon the specific inquiry involved.
29) Thus, with the Ham decision, the trial court's written order must employ the Kozel balancing test, or be reversed as an abuse of discretion.
The standard of review of a trial court's determination of a defendant's competence to stand trial is the abuse of discretion standard.
13) As recently as 2005, other states have even overruled past cases that used abuse of discretion to review hearsay rulings to create a new de novo review standard when reviewing hearsay rulings.
The standard should still be abuse of discretion, but it should be more like the abuse of discretion analysis applied in the review of class certification decisions.
they bore same burden to demonstrate an abuse of discretion by the trial court.
As the Florida Supreme Court has explained, the abuse of discretion standard requires the appellate court to evaluate whether the trial court's decision is arbitrary, fanciful, or unreasonable.
Supreme Court has held that when a plan gives the administrator discretionary authority to determine eligibility for benefits or to construe the terms of the plan, a court is to review the administrator's decision for abuse of discretion.
The appellate court denounced the judge's ruling, finding it to be an abuse of discretion "in the most basic sense of that term.
The Tax Court held that an IRS Appeals officer's decision in a collection due process hearing not to reinstate a taxpayer's offer in compromise after the taxpayer failed to meet a condition of the offer in compromise was not an abuse of discretion.