Is there a difference in how an appellate court views the case versus how the trial court views it?
Minneapolis, MN appellate lawyer Kay Nord Hunt talks about the differences in how an appellate court will view a case as opposed to a trial court.
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There is a vast difference between the two. The primary difference is that in most cases the appellate court is not looking at it de novo or on a blank slate, making the decision in the first instance. In many cases, it is looking at it through a deferral to the trial court to see whether the trial court made some kind of error. But the fact that the appellate court, in many instances, would have ruled different than the trial court is not usually, in and of itself, enough to reverse the lower court. So it’s really a different way of looking at the same set of facts in law.