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Appellate Review

Appellate Review (Property · Review) — "In Terry v. Lock, the appellate court decides that the trial court’s decision that the found money was mislaid was not…

Ideas in this flowchart

  • The differing appellate review standard in Terry v. Lock
  • The appellate court held that the trial court’s finding was not clearly erroneous.
  • The trial court found that the money was mislaid.
  • Appellate courts generally review trial courts’ legal determinations de novo.
  • De novo review means giving no deference to the trial court’s determination or reasoning.
  • Terry applies a more deferential standard than de novo review.
  • The central question is why Terry uses this more deferential standard.
  • A related question is why that deference might be justified.
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Appellate Review

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Property

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"In Terry v. Lock, the appellate court decides that the trial court’s decision that the found money was mislaid was not “clearly erroneous.” We’ve seen that appellate courts generally review legal determinations of trial courts “de novo,” that is, without any deference to the trial court’s determination or reasoning. Why is this more deferential standard used in Terry, and why might it be justified?"

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