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Additionally, in some areas of substantive law, such as when a court is reviewing a First Amendment issue, an appellate court will use a standard of review called "independent review." [citation needed] The standard is somewhere in between de novo review and clearly erroneous review. Under independent review, an appellate court will reexamine ...
There were two circuit-split issues presented in Monasky v. Taglieri: 1) whether the standard on appeal is the highly deferential “clear error” review (if habitual residence is seen as a truly and only a factual question) or “de novo” (if it is really a mixed question of law and fact, or otherwise an issue of “ultimate fact”); and,
This standard tends to be even more deferential than the "clear error" standard. Before hearing any case, the court must have jurisdiction to consider the appeal. The authority of appellate courts to review the decisions of lower courts varies widely from one jurisdiction to another. In some areas, the appellate court has limited powers of review.
Prior to 2015, should a court dismiss a case at summary judgment, the claim construction was subject to de novo review. [3] After 2015, appeals are subject to the hybrid "clear error" standard. [18] However, studies are still to premature to determine whether reversal rates will remain as high as they have under a de novo review standard. [18]
Mayer argued that claim construction is similar to an obviousness determination, which is considered a factual finding (and thus subject to a "clear error" standard for appellate review). [7] On 20 January 2015, the U.S. Supreme Court issued a 7–2 decision in an unrelated case, Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.
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The common law writ of coram nobis is available in New Hampshire courts, because it was in force at the time of the New Hampshire constitution and there is no conflict between the writ of coram nobis and the constitution. The standard of appellate review of the denial of coram nobis is the same as the standard of review for a habeas corpus ...