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Reply #101: Appellate courts review matters of law de novo [View All]

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read the law first Donating Member (398 posts) Send PM | Profile | Ignore Tue Dec-14-04 06:29 PM
Response to Reply #85
101. Appellate courts review matters of law de novo
Appellate courts usually are able to review conclusions of law de novo (which means they are not bound by the lower court's decision but will review it anew or fresh). On matters of fact, appellate courts are usually bound by what is called the "any evidence rule" which means determination of fact will be upheld as long as they are supported by "any evidence." You've got a little different situation here because the OSSC is the court of first impression i.e., it's the first court that this matter is coming before. Therefore, you don't have the fact/law dichotomy.
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