Standards of Review in 30 Minutes

Why the standard of review usually decides the appeal, and how to frame an argument around it.

Part 1 — De novo and substantial evidence

15 min
In production — Part 1

Part 2 — Abuse of discretion and mixed questions

15 min
In production — Part 2

Learning objectives

  • Identify the standard of review for a given ruling
  • Distinguish de novo, abuse of discretion, and substantial evidence review
  • Frame an argument around the applicable standard

Presented by Thomas Ogden, Esq., Certified Specialist in Appellate Law, State Bar of California. Self-study activity, Law Offices of Thomas Ogden, MCLE provider no. 19437.

About the presenter

Thomas Ogden

Thomas Ogden is a Certified Specialist in Appellate Law and in Taxation Law, certified by the State Bar of California Board of Legal Specialization, with more than 22 years in practice. His appellate practice is briefing and argument in civil and white-collar criminal appeals and writ proceedings before the California Courts of Appeal, the California Supreme Court, and the Ninth Circuit, with particular attention to the questions these activities cover: standards of review, preservation of error, appealability, and the record. Much of his work comes by referral from trial counsel who bring in appellate counsel at the post-trial stage, when the record is being settled and the issues framed. He served as a Tax Law Advisory Commissioner to the State Bar of California's Board of Legal Specialization. He is also a solicitor (currently non-practising) in England and Wales and in Ireland.

Credit opens when both parts are posted

This activity is in production. Once both videos are live, registration and certificates open here.