The scope of review refers generally to the right to have an issue raised on appeal. It entails whether an issue was preserved by or available to an appellant on appeal.[1] Scope of review is to the appellate court what the burden of proof is to the trial court.[2] For example, in the United States, a party can preserve an issue for appeal by raising an objection at trial.
Scope of review further relates to matters such as which judicial acts the appellate court can examine and what remedies it can apply.[citation needed]
The scope of review for administrative law evolved substantially in the 1970s and 1980s.[3][4]
See also
editReferences
edit- ^ Phillips, J. Dickson (1984-04-01). "The Appellate Review Function: Scope of Review". Law and Contemporary Problems. 47 (2): 1–12. doi:10.2307/1191679. ISSN 0023-9186. JSTOR 1191679.
- ^ Kunsch, Kelly (1994–1995). "Standard of Review (State and Federal): A Primer". Seattle University Law Review. 18: 11.
- ^ Garland, Merrick B. (1985). "Deregulation and Judicial Review". Harvard Law Review. 98 (3): 505–591. doi:10.2307/1340869. ISSN 0017-811X. JSTOR 1340869.
- ^ "5 U.S. Code § 706 - Scope of review". LII / Legal Information Institute. Retrieved 2019-03-23.
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