Why is the standard of review so important?

Some courts have characterized the standard of review as the “threshold issue” in every appeal.  In Clothesrigger, Inc. v. GTE Corp. (1987) 191 Cal.App.3d 605, the court stated, “As in every appellate matter, the threshold issue here is the proper standard of review.  The hierarchical process and respective roles of the trial and appellate courts involve more than ceremony.  Generally appropriate appellate deference to the trial court will be accomplished by affirming a correct trial court order even though the trial court may have given the wrong reason for its actions.”  (Id. at p. 607.)

Other courts have characterized the standard of review as “‘the degree of deference given by the reviewing court to the actions or decisions under review.’” (San Francisco Fire Fighters Local 798 v. City and County of San Francisco (2006) 38 Cal.4th 653, 667.)

The standard of review provides the focus of a brief.  While the appropriate standard of review may also be an issue in the case, recognition of the standard should guide the attorney in focusing his or her statement of facts and argument with the goal of satisfying the applicable standard.