Also known as:reviews · reviewed · reviewing · reviewability · judicial review
Written by attorneys · grounded in primary & secondary sources — see below
The examination or reexamination of a subject, proceeding, or decision by a court, agency, or other authority to determine its correctness or compliance with legal standards.
Sources & Authorities
How it applies
Common Examples
6
Judge Drafts Family Will
Judge Elena Vargas receives a request from her sister to review a will. She examines the document at home without charging a fee and without entering an appearance in any court. The conduct complies with the prohibition on practicing law because the assistance remains limited to uncompensated family advice.
Trustee Monitors Investment Agent
Trustee Marcus Hale delegates investment decisions to an outside manager. Every quarter he examines the manager's reports, confirms compliance with trust terms, and notes any deviations. The periodic examination satisfies the duty to oversee delegated functions.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Attorney Priya Singh receives the deed, closing statement, and title commitment for a residential sale. She verifies that the legal description matches the contract, confirms lien releases, and ensures the grantor signature block is correct. The examination prevents defects that could cloud title after recording.
Magistrate Reviews Warrant Request
Officer Jamal Torres telephones Magistrate Judge Lisa Moreau with facts supporting a search warrant. The judge places the officer under oath, questions him about the source of the information, and decides whether probable cause exists. The remote examination allows issuance without requiring physical presence.
Court Excludes Expert Opinion
Plaintiff Rachel Ramirez offers an expert who links a chemical exposure to her illness. The district court finds too great a gap between the studies cited and the expert's conclusion. On appeal the circuit court examines the district court's reliability assessment under the abuse-of-discretion standard.
Appeal of Injunction Denial
Riverfront Developments obtains a preliminary injunction blocking a competitor's construction. The district court later dissolves the injunction. Riverfront immediately appeals the dissolution order to the court of appeals under the statute authorizing interlocutory review of injunction rulings.
Common questions
Frequently Asked
5
What standard governs appellate review of a trial court's decision to admit or exclude expert testimony?+
Appellate courts review such decisions for abuse of discretion. The trial court acts as gatekeeper and may exclude an opinion when the analytical gap between the data and the conclusion is too great.
May a judge review legal documents for a family member without violating the prohibition on practicing law?+
A judge may give legal advice and draft or review documents for a family member without compensation. The judge may not, however, serve as the family member's lawyer in any forum.
What must a trustee do after delegating a trust function to an agent?+
The trustee must periodically review the agent's actions to monitor performance and compliance with the terms of the delegation. Compliance with this duty shields the trustee from liability for the agent's conduct.
Which orders concerning injunctions are immediately appealable?+
Interlocutory orders granting, continuing, modifying, refusing, or dissolving injunctions, or refusing to dissolve or modify injunctions, are appealable under 28 U.S.C. § 1292(a)(1).
How does a magistrate judge handle a warrant application presented by telephone?+
The magistrate may consider information communicated by reliable electronic means when reviewing a complaint or deciding whether to issue a warrant. The judge must place the applicant under oath and may examine the applicant and supporting witnesses.
5 U.S. (1 Cranch) 137 (1803)Property
…to be consonant to right and justice. The Federalist explains 'appellate' in its broadest sense as the power of one tribunal to review the proceedings of another as to law or fact. The writ of mandamus is in the nature of an appeal as to fact as well as law. Congress may prescribe the forms of process by which the Supreme…