Despite the importance of standards and scopes of review to the appellate process, legal practitioners continue to confuse these terms in their appellate briefs and in their oral arguments, resulting in the addition of unnecessary confusion to already complicated controversies. After explaining "standard of review" and "scope of review," the author describes how each of these principles are applied in Pennsylvania's appellate courts. The author concludes by analyzing various commonly used standards and scopes of review and by providing the context in which each is used in the Commonwealth of Pennsylvania.
Jeffrey P. Bauman,
Standards of Review and Scopes of Review in Pennsylvania - Primer and Proposal,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol39/iss3/3