Bifalgorithm post · Property · Review
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.
