Review Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Review, written in plain English, along with examples of how it is used.
What is Review?
(n) Review is the process by which an applet court examines the judgment of the lower court with respect to the law, facts, procedures by which the order was pronounced, to decide whether any significant mistake, error or omission is occurred warranting an order of reversal
History and Meaning of Review
The term "review" is often used in the legal context when discussing appeals. An appeal can be filed when a party believes there was an error in the lower court's decision, and the purpose of a review is to examine that decision and determine if an error was made. This process involves examining the lower court's decision with respect to the law, the facts of the case, and the procedures followed. If a significant mistake or error occurred, an order of reversal may be warranted.
The process of review has been a part of the legal system for centuries, with roots in English common law. In the United States, the right to appeal is guaranteed by the Constitution, which requires that all individuals have access to a fair and impartial judiciary.
Examples of Review
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A criminal defendant appeals his conviction, arguing that the lower court made an error in admitting certain evidence at trial. The higher court conducts a review of the decision to determine if the error was significant enough to warrant a new trial.
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A company appeals a decision by a regulatory agency, claiming that the agency misinterpreted the law in issuing a citation. The review process examines whether the regulatory agency correctly interpreted the law and followed its own procedures in making the decision.
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A homeowner appeals a decision by a local zoning board denying a building permit. The review process examines whether the decision was based on sound legal reasoning and supported by the facts of the case.
Legal Terms Similar to Review
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Appeal: The process by which a higher court reviews the decision of a lower court.
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Reversal: A decision by a higher court that overturns the decision of a lower court.
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Remand: A decision by a higher court that sends a case back to a lower court for further proceedings.