How does the appellate court view questions of law?

• A. De novo review, meaning the court considers the issue anew.
• B. Abuse of discretion.
• C. Clear error.
• D. Substantial evidence.

Answer: (A)

Questions of law are reviewed de novo on appeal, meaning the appellate court reconsiders the issue as if it were being decided for the first time and does not defer to the trial court’s legal conclusions. The court looks independently at the governing statutes, rules, and precedents and applies them to the record to determine whether the legal standard was correctly used. This is different from how factual questions are treated, where the appellate court defers to the trial court’s findings if supported by competent evidence. Concepts like abuse of discretion or clear error relate to discretionary rulings or factual findings, and substantial evidence is used in other contexts (such as reviewing certain agency decisions or jury verdicts), not to determine pure questions of law.