A Better Standard for Reviewing Discretion

During the last several decades, appellate courts have made increased efforts to define the standards they use to review trial court decisions.' Each appellate system has developed reasonably specific tests for complaints about factual findings and legal rulings. Those tests are strikingly similar nationally. However, there is markedly less consistency among jurisdictions, and even within single jurisdictions, when the appellate courts decide which discretionary rulings require reversal.