Unfortunately, courts do not always use the term standard of review precisely.
I have used the phrase appellate standard of review to refer to standards that appellate courts apply to their review of lower court decisions, and motion standard of review to refer to standards that courts use when deciding particular motions.
Courts, however, often use the bare phrase standard of review53to mean either or both of these things — and to mean other things. Besides its use to refer to appellate and motion standards of review, courts commonly use the phrase standard of review in at least one other context: to describe the level of scrutiny that a court may use to review the constitutionality of a state statute or other government action.Understanding how “government action standards of review” work, and how all three uses of the term may be relevant in a single case, can help you to master the concept of standards of review.
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