When a case goes up on appeal, the higher court doesn’t just re-try the whole thing. Instead, they look at how the lower court handled things, and that involves different standards of review. These standards basically tell the appellate judges how much deference, or how closely, they should examine the decisions made by the judge or jury below. It’s all about making sure the process was fair and the legal conclusions were correct, but the level of scrutiny really depends on what kind of issue is being reviewed.
Key Takeaways
- Appellate courts use specific standards of review to examine lower court decisions, which dictate how closely they scrutinize the original ruling.
- The standard applied depends heavily on the type of issue: legal questions are often reviewed de novo (fresh look), while factual findings might get more deference.
- Constitutional matters often involve tiered scrutiny, with strict scrutiny being the most demanding for fundamental rights.
- Administrative agency actions are reviewed under standards like substantial evidence or arbitrary and capricious, balancing agency expertise with judicial oversight.
- In civil and criminal cases, specific standards apply to areas like summary judgments, evidentiary rulings, and sentencing, ensuring fairness and legal accuracy.
Standards Of Review In Appellate Courts
When a case moves from a lower court to an appellate court, the higher court doesn’t just re-try the whole thing. Instead, it looks at the lower court’s decisions through specific lenses, called standards of review. These standards dictate how much deference the appellate court gives to the trial court’s findings and rulings. It’s all about figuring out if a legal mistake was made that warrants changing the outcome.
De Novo Review Of Legal Issues
When an appellate court reviews a legal issue, like the interpretation of a statute or a contract, it uses a de novo standard. This means the court looks at the issue fresh, with no deference to the lower court’s decision. The appellate court essentially decides the legal question for itself. It’s like the lower court’s ruling on that specific point didn’t happen. This is common for questions of law because appellate courts are considered to be in a better position to interpret legal texts and principles.
Abuse Of Discretion Standard For Factual Findings
For decisions made by the trial judge that involve discretion, like whether to admit certain evidence or grant a specific type of motion, appellate courts apply an abuse of discretion standard. This means the appellate court will only overturn the trial court’s decision if it was unreasonable, arbitrary, or completely unsupported by the facts. It’s a high bar to clear, recognizing that judges in the trial court are on the ground and have a better feel for the case. They won’t reverse just because they might have decided differently.
Clearly Erroneous Standard For Mixed Questions
Sometimes, a question involves both law and fact. These are called mixed questions. For these, appellate courts often use the clearly erroneous standard. This means the appellate court will uphold the trial court’s finding unless it’s left with a definite and firm conviction that a mistake has been made. It’s a bit more deferential than de novo review but less so than abuse of discretion. The court has to find a clear error in how the facts were applied to the law. This standard is particularly relevant when reviewing factual predicates for evidentiary rulings, ensuring that the foundation for admitting or excluding evidence was sound [0532].
Here’s a quick rundown:
- De Novo: No deference. Court decides legal issues anew.
- Abuse of Discretion: High deference. Court only reverses if the decision was unreasonable.
- Clearly Erroneous: Moderate deference. Court reverses only if a clear mistake was made on mixed law/fact issues.
Constitutional Standards Of Review
When a law or government action is challenged on constitutional grounds, courts don’t just take the challenger’s word for it. They apply specific levels of scrutiny to figure out if the law or action is actually permissible. It’s like a tiered system, where the level of review depends on what’s at stake.
Strict Scrutiny for Fundamental Rights
This is the highest level of review, and it’s a tough one for the government to pass. Strict scrutiny applies when a law infringes upon a fundamental right or discriminates against a suspect classification. Think about things like freedom of speech, the right to vote, or equal protection for certain groups. For a law to survive strict scrutiny, the government has to show that the law is narrowly tailored to achieve a compelling government interest. This means the law must be the least restrictive means possible to achieve a very important goal. It’s a very high bar, and most laws subjected to this level of review don’t make it.
Intermediate Scrutiny for Quasi-Suspect Classifications
This is a middle-ground standard. Intermediate scrutiny is typically used when a law involves a quasi-suspect classification, such as gender or legitimacy. Here, the government needs to demonstrate that the law is substantially related to an important government interest. It’s not as demanding as strict scrutiny, but it’s still a significant hurdle. The government has to show a real connection between the law and its important objective.
Rational Basis Review for Economic and Social Legislation
This is the lowest level of review, and it’s the easiest for the government to satisfy. Rational basis review applies to most economic and social legislation that doesn’t involve fundamental rights or suspect classifications. Under this standard, a law will be upheld if it is rationally related to a legitimate government interest. The government doesn’t have to prove the law is the best way to achieve its goal, just that there’s a logical connection. The burden is on the challenger to show that the law is completely arbitrary or irrational. Most laws reviewed under this standard are upheld.
Here’s a quick rundown:
- Strict Scrutiny: Compelling government interest + Narrowly tailored means. (Applies to fundamental rights, suspect classifications).
- Intermediate Scrutiny: Important government interest + Substantially related means. (Applies to quasi-suspect classifications like gender).
- Rational Basis Review: Legitimate government interest + Rationally related means. (Applies to most economic and social laws).
The choice of which standard of review to apply is often the most critical part of a constitutional challenge. It sets the stage for how the court will analyze the law and significantly impacts the likely outcome.
Administrative Law Standards Of Review
When courts review the actions of administrative agencies, they don’t just rubber-stamp everything. There are specific ways judges look at agency decisions, and these standards can really make a difference in the outcome. It’s all about balancing the agency’s expertise with the need for legal accountability.
Agency Interpretations of Statutes
Courts often have to figure out what a law actually means when an agency is trying to apply it. The level of deference a court gives to an agency’s interpretation can vary. Sometimes, courts will give a lot of weight to what the agency thinks a statute means, especially if the agency has a lot of experience in that area. Other times, particularly if the statute is clear, the court might just interpret it on its own. This is a pretty complex area, and how a court approaches it can depend on the specific statute and the agency involved. It’s not always a straightforward process, and lawyers spend a lot of time arguing about this very point.
Substantial Evidence Standard for Agency Findings
When an agency makes a factual finding – say, about whether a company violated a safety regulation – a court will usually review that finding using the "substantial evidence" standard. This means the court looks to see if there was enough relevant evidence that a reasonable mind might accept as adequate to support the agency’s conclusion. It’s not about whether the court agrees with the finding, but whether the agency had a reasonable basis for it. This standard is generally more deferential to the agency than a de novo review, meaning the court won’t just substitute its own judgment for the agency’s if there’s solid evidence behind the agency’s decision. It’s a key part of how courts ensure agencies are acting on facts, not just hunches.
Arbitrary and Capricious Review of Agency Actions
This is a pretty broad standard that courts use to review agency decisions, especially when it comes to rulemaking or policy choices. Basically, a court will overturn an agency action if it finds the agency acted arbitrarily or capriciously. This can happen if the agency failed to consider important factors, relied on irrelevant ones, offered an explanation that runs counter to the evidence, or made a decision so implausible that it can’t be ascribed to a difference in view or agency expertise. It’s a way for courts to ensure agencies are thinking things through logically and not just making decisions on a whim. It’s a pretty significant check on agency power, making sure they aren’t just doing whatever they want without a good reason. You can find more information on how courts review agency actions in the context of administrative law.
The arbitrary and capricious standard requires that an agency action be reasoned and rational. It doesn’t mean the court has to agree with the agency’s policy choice, but it does mean the agency must provide a coherent explanation for its decision based on the evidence and the law.
Standards Of Review In Civil Litigation
When a case moves up to the appellate courts, the standard of review determines how much respect the appeals court gives to the trial court’s decisions. In civil litigation, this can make or break an appeal, because each type of court ruling gets a different level of scrutiny. Understanding these standards is absolutely necessary before deciding whether it’s worth taking a shot at an appeal.
Summary Judgment Standards
Appellate courts look at summary judgment decisions as fresh eyes—they use what’s called de novo review. This means they decide all over again, without giving weight to the trial court’s conclusions. The question is simple: was there any real dispute about important facts, or could the moving party show that, even accepting the other side’s evidence during the summary judgment phase, they still win under the law?
- No deference to trial judge’s view
- Only the written record and pleadings matter
- If genuine issues of fact exist, summary judgment should not have been granted
You can get more details on how courts handle motions, including summary judgment, in civil and criminal procedure rules.
Directed Verdict Standards
A directed verdict kicks in at trial if one side thinks the other hasn’t put on enough evidence to win. The appeals court again looks at the record in the light most favorable to the party that lost the directed verdict. If any reasonable jury could have ruled for that side, then the directed verdict was wrong.
A short checklist for appellate review:
- Did the trial judge take the case from the jury too soon?
- Was there legally sufficient evidence on every element required?
- Was the judge’s reasoning explained and grounded in the record?
Post-Trial Motion Standards
After a verdict, losing parties often file motions for a new trial or for judgment as a matter of law. On appeal, new trial rulings usually get the abuse of discretion level of review. That means the appeals court must find that the trial judge made a clear error in judgment, not just that they would have made a different choice themselves.
- Factual findings get deference unless clearly unsupported
- Legal questions from post-trial motions are de novo—decided anew
- Discretionary calls, like whether mistakes prejudiced the trial, are rarely overturned
Sometimes, even if a trial wasn’t perfect, the appeals court may let the result stand, so long as any errors didn’t seriously affect the outcome or the fairness of the process.
Civil appeals bring a whole new set of hurdles, with each stage—from summary judgment to post-trial motions—scrutinized under its own standard. Knowing where the appellate court will draw the line is half the battle in challenging or protecting a trial court’s decision.
Standards Of Review For Evidentiary Rulings
When a case goes up on appeal, the judges don’t just re-try everything from scratch. They look at the trial court’s decisions through specific lenses, and how they review evidence rulings is no different. It’s all about making sure the trial judge didn’t mess up in a way that affected the outcome.
Abuse Of Discretion For Admissibility
For most decisions about whether evidence should even be allowed in the first place, appellate courts use what’s called the "abuse of discretion" standard. Think of it like this: the trial judge has a lot of leeway, or discretion, in managing the courtroom and deciding what’s relevant and fair. An abuse of discretion means the judge made a decision that was clearly unreasonable, or based on faulty logic, or ignored important rules. It’s a pretty high bar to clear for an appellant trying to overturn an evidence ruling on this ground. They have to show the judge really got it wrong, not just that they might have ruled differently themselves. This standard is common for things like whether expert testimony is reliable or if certain evidence is unfairly prejudicial.
De Novo Review For Legal Interpretation Of Rules
Now, if the dispute is about how the trial judge interpreted a rule of evidence itself – like what a specific rule actually means – that’s a different story. For these purely legal questions, appellate courts apply a de novo review. This means they look at the issue fresh, with no deference to the trial court’s interpretation. It’s like they’re seeing the legal question for the first time. So, if the argument is that the judge misunderstood the law of evidence, the appellate court will decide that legal question on its own. This is where you see a lot of focus on the exact wording of evidence rules and how they’ve been interpreted in other cases.
Clearly Erroneous For Factual Predicates
Sometimes, admitting or excluding evidence depends on certain facts being true. For example, a statement might be admissible as an excited utterance only if it was made under the stress of a startling event. The trial judge makes a finding about whether that startling event happened. When an appellate court reviews those specific factual findings that form the basis for an evidentiary ruling, they often use the "clearly erroneous" standard. This means they’ll only overturn the finding if they are left with a definite and firm conviction that a mistake has been made. It’s a step up from just disagreeing, but still gives some weight to the trial court’s role in assessing facts, especially witness credibility. The appellate court isn’t going to re-weigh the evidence themselves; they’re just looking for a clear mistake in the trial court’s factual determination. This standard is also used for mixed questions of law and fact, where the court must determine what happened and then apply the law to those facts. The appellate court will review the factual findings for clear error and the legal conclusions de novo. For instance, when determining if a confession was voluntary, the appellate court will review the factual circumstances of the interrogation for clear error, but will review the legal question of whether those facts meet the standard for voluntariness de novo. This approach ensures that factual determinations made by the fact-finder at trial are respected, while legal principles are applied consistently across all cases. It’s a balance that aims to promote both fairness and predictability in the legal system. You can find more about different standards of proof in civil litigation here.
Here’s a quick breakdown:
- Abuse of Discretion: For the judge’s judgment calls on admissibility.
- De Novo Review: For understanding what the evidence rules actually mean.
- Clearly Erroneous: For the specific facts the judge relied on to make the ruling.
Standards Of Review In Criminal Appeals
When a criminal case makes its way up to a higher court, the judges don’t just start from scratch. They’re looking at the trial court’s decisions through a specific lens, known as the standard of review. This is super important because it dictates how much deference the appellate court gives to the lower court’s findings and rulings. It’s not a one-size-fits-all situation; different types of issues get different levels of scrutiny.
Sufficiency of Evidence Review
This is about whether the evidence presented at trial was enough for a reasonable jury to find the defendant guilty. The appellate court doesn’t re-weigh the evidence or decide if they personally think the defendant is guilty. Instead, they look at the evidence in the light most favorable to the prosecution. The question is whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. If the evidence is so weak that no reasonable jury could have convicted, then the conviction might be overturned on these grounds. It’s a high bar for the defense to clear.
Constitutional Violations Review
When a defendant claims their constitutional rights were violated during the trial process – think illegal searches, coerced confessions, or issues with legal representation – the appellate court applies a de novo standard. This means they look at the legal questions involved fresh, without giving much deference to the trial court’s legal conclusions. They’ll examine the facts found by the trial court, but they’ll decide the constitutional question themselves. This ensures that fundamental rights are protected consistently across the board. It’s a critical part of the appeals process, especially when liberty is on the line.
Sentencing Discretion Review
Judges have a lot of leeway when it comes to sentencing. On appeal, courts usually review a judge’s sentencing decisions for an abuse of discretion. This means the appellate court won’t overturn a sentence just because they might have handed down a different one. They’ll only step in if the sentencing judge made a clear error in judgment, considered improper factors, ignored mandatory guidelines, or imposed a sentence that is grossly disproportionate to the crime. It’s about ensuring fairness and reasonableness, not about second-guessing every sentencing choice. You can find more information on how state courts handle various legal matters, including criminal cases, on state court systems.
Here’s a quick rundown of how these standards generally play out:
- Sufficiency of Evidence: Viewed in the light most favorable to the prosecution; asks if a rational jury could convict.
- Constitutional Issues: Reviewed de novo; appellate court decides the legal question independently.
- Sentencing: Reviewed for abuse of discretion; focuses on clear errors or unreasonableness.
Appellate review in criminal cases is designed to correct legal errors made by the trial court, not to retry the case. The specific standard of review applied depends heavily on the nature of the issue being appealed, ensuring that justice is served while respecting the trial court’s role.
Contract Interpretation Standards On Appeal
When a contract dispute makes its way to an appellate court, judges don’t just guess what the parties meant. They have specific ways they look at the contract language to figure out the agreement. It’s all about trying to get it right, even if the original parties can’t agree anymore.
De Novo Review Of Contract Language
This is the most common standard when it comes to figuring out what a contract actually says. The appellate court looks at the contract’s words fresh, without giving much weight to how the lower court saw it. They are essentially deciding the meaning of the contract as if they were the first ones to read it. This means they’ll examine the plain meaning of the words used, and if there’s ambiguity, they might look at how the parties acted around the time the contract was made. It’s a full review, and the appeals court isn’t shy about disagreeing with the trial court if they think the interpretation was off.
Abuse Of Discretion For Equitable Remedies
Sometimes, contract disputes don’t just involve money; they might involve asking a court to make someone do something or stop doing something, like forcing a party to go through with a sale (specific performance) or stopping them from breaking a non-compete clause (injunction). When reviewing these kinds of equitable remedies, appellate courts use an "abuse of discretion" standard. This means they give the trial judge a good amount of leeway. They won’t overturn the decision unless the judge made a really clear mistake or acted unreasonably. It’s a tougher standard to meet for the party appealing because the trial judge had to weigh a lot of factors, and the appeals court is reluctant to second-guess that judgment call unless it was obviously wrong.
Parol Evidence Rule Application
The parol evidence rule is a bit of a gatekeeper in contract interpretation. Basically, if you have a written contract that looks like the final word on the deal – a "fully integrated" agreement – you generally can’t bring in outside evidence (like emails, notes, or verbal promises made before or during the signing) to change or contradict what the written contract says. Appellate courts review the application of this rule to see if the trial court correctly decided whether the rule applied and what evidence should or shouldn’t have been considered. This review is often done using the de novo standard, meaning the appellate court will look at the legal question of the rule’s application without deference to the trial court’s conclusion. They want to make sure the rule was applied correctly as a matter of law.
Standards Of Review For Equitable Relief
When a case goes up on appeal, and it involves something like an injunction or specific performance, the court looks at it a bit differently than a case just about money. This is because equitable relief is about fairness and making things right when money just won’t cut it. The appeals court has to decide if the lower court got it right.
Abuse Of Discretion For Injunctive Relief
Judges have a lot of leeway, or discretion, when deciding whether to grant an injunction. It’s not a simple yes or no; they have to weigh a bunch of factors. On appeal, the higher court isn’t going to just substitute its own judgment. Instead, they look to see if the trial judge made a mistake in how they used their discretion. Did they consider all the right things? Did they ignore something important? An abuse of discretion means the judge’s decision was unreasonable, arbitrary, or unconscionable. For example, if a judge grants an injunction without properly considering the potential harm to the party being enjoined, that could be seen as an abuse of discretion. It’s a high bar to clear, though; appellate courts usually give a lot of deference to the trial court’s decision here.
De Novo Review Of Legal Basis For Relief
While the decision to grant relief might be reviewed for abuse of discretion, the underlying legal rules and principles are a different story. When an appellate court reviews the legal basis for granting equitable relief, they look at it fresh, with no deference to the lower court. This is called de novo review. It means they examine the legal questions as if they were hearing the case for the first time. For instance, if the judge applied the wrong legal standard to determine if irreparable harm existed, the appellate court will correct that legal error without hesitation. This ensures that equitable remedies are granted based on sound legal principles, not just on what the trial judge thought was fair in the moment. It’s all about making sure the law itself was correctly understood and applied.
Clearly Erroneous For Factual Findings Supporting Relief
Equitable relief often hinges on specific facts. Did the party seeking the injunction actually suffer harm? Is that harm likely to continue without court intervention? The trial court is the primary fact-finder. When an appellate court reviews these factual findings, they use the "clearly erroneous" standard. This means they will only overturn the trial court’s factual conclusions if they are convinced that the judge made a significant mistake. It’s not enough to think a different judge might have found the facts differently. The appellate court has to find that the factual finding was plainly wrong, based on the evidence presented. This standard acknowledges the trial court’s advantage in seeing witnesses and evidence firsthand. It’s a way to balance appellate oversight with respect for the trial process. For a party to get legal standing on appeal regarding factual findings, they need to show more than just a disagreement; they need to show a clear error.
Standards Of Review For Damages Awards
When an appellate court looks at how damages were decided in a lower court, it’s not usually about re-doing the math from scratch. Instead, the focus is on whether the trial court made a significant mistake. The specific standard used can depend on the type of damages awarded.
Compensatory Damages Review
Compensatory damages are meant to make the injured party whole again, covering actual losses. On appeal, these awards are generally reviewed for reasonableness. This means the court asks if the amount awarded is supported by the evidence presented at trial and if it logically flows from the harm proven. It’s not about whether the appellate judges would have awarded the exact same amount, but whether the trial court’s decision was within the bounds of what the evidence could support. If the award is so excessive or so low that it shocks the conscience or is clearly not supported by the facts, an appellate court might step in.
Punitive Damages Review
Punitive damages are a bit different. They aren’t just about compensating the plaintiff; they’re also about punishing the defendant for particularly bad behavior and deterring others. Because of this, appellate courts scrutinize punitive damage awards more closely. The review often involves looking at whether the award is excessive in relation to the defendant’s conduct and the harm caused. Courts might consider factors like the reprehensibility of the defendant’s actions, the ratio between punitive and compensatory damages, and any relevant legislative limits. A key question is whether the award violates due process by being grossly excessive.
Statutory Damages Review
Sometimes, the law itself sets specific amounts or ranges for damages, regardless of the actual harm proven. These are statutory damages. When reviewing these, the appellate court’s job is usually more straightforward. It checks if the trial court correctly applied the statute and awarded damages within the limits or according to the formula provided by the law. The focus here is on legal interpretation and application rather than the factual assessment of loss. If the statute provides a range, the court will look to see if the awarded amount is within that range and supported by the evidence presented to justify a specific figure within that range.
Jurisdictional Standards Of Review
When an appeal reaches a higher court, one of the first things they look at is whether the lower court actually had the power to hear the case in the first place. This is all about jurisdiction. It’s not just a technicality; it’s fundamental to the validity of any decision made. If a court oversteps its bounds, its rulings can be overturned, no matter how well-reasoned they might seem on the merits.
De Novo Review Of Subject Matter Jurisdiction
Subject matter jurisdiction refers to a court’s authority to hear a particular type of case. Think of it as the court’s defined area of responsibility. For instance, a state family court can’t typically hear a federal bankruptcy case. When an appellate court reviews a lower court’s decision on subject matter jurisdiction, they usually apply a de novo standard. This means they look at the issue fresh, without giving any deference to the trial court’s previous ruling. They examine the facts and the law independently to decide if the lower court had the proper authority. It’s a clean slate review, essentially.
Abuse Of Discretion For Personal Jurisdiction
Personal jurisdiction is about a court’s power over the parties involved in a lawsuit, particularly the defendant. Did the court have the right to make someone appear before it? This can get complicated, especially in cases with parties from different states or countries. Appellate courts often review decisions about personal jurisdiction using an abuse of discretion standard. This means they’ll uphold the trial court’s decision unless it was clearly unreasonable or arbitrary. They’re not re-doing the analysis from scratch but looking to see if the trial judge made a significant error in judgment. It’s a more deferential standard than de novo review, acknowledging the trial court’s role in fact-finding and initial legal application. You can find more about court jurisdiction and its various facets in legal resources.
Venue Determination Review
Venue deals with the proper geographic location for a trial within a court system. Even if a court has subject matter and personal jurisdiction, the case might be filed in the wrong county or district. Rules for venue are often set by statute and are designed to ensure cases are heard in a convenient and appropriate location. Appellate courts typically review venue decisions for an abuse of discretion. Similar to personal jurisdiction, this means the appellate court will only reverse the trial court’s decision if it finds the judge acted unreasonably or arbitrarily in determining the venue. The focus is on whether the trial court followed the established rules and made a sensible decision based on the circumstances presented.
Putting It All Together
So, when a case gets appealed, it’s not just about re-arguing the same old points. The higher court looks at how the lower court handled things, checking if the right rules were followed and if the decisions made sense based on the law. It’s like a second look to make sure everything was fair and correct. This whole process helps keep the legal system on track and makes sure everyone is treated properly under the law. It’s a pretty important part of how justice works, really.
Frequently Asked Questions
What does ‘de novo review’ mean when an appeal happens?
When a higher court reviews a lower court’s decision ‘de novo,’ it means they look at the case as if it’s completely new. They don’t give any special weight to the lower court’s previous decisions on the legal points. It’s like starting fresh to figure out the right legal answer.
What’s the difference between ‘abuse of discretion’ and ‘clearly erroneous’ standards?
An ‘abuse of discretion’ means a judge made a decision that was unreasonable or illogical, going against what’s fair or right. ‘Clearly erroneous’ is used for factual findings and means the judge made a mistake that’s obvious and easy to see when looking at the evidence.
Why do courts use different ‘standards of review’?
Courts use different standards to decide how closely they should examine a lower court’s decision. For example, they might give more freedom to judges on factual matters but be very strict on legal questions to ensure the law is applied correctly everywhere.
What is ‘strict scrutiny’ in constitutional law?
Strict scrutiny is the highest level of review. Courts use it when a law affects fundamental rights, like free speech, or targets a suspect group. The government must have a very strong reason and a very good way to achieve that reason to justify the law.
How do appellate courts handle agency decisions?
When reviewing decisions from government agencies, courts often use the ‘substantial evidence’ standard. This means they check if there’s enough reasonable evidence to support the agency’s findings, not whether they would have decided the same way themselves.
What happens if a judge makes a mistake on evidence rules during a trial?
If a judge makes a mistake about whether evidence should be allowed or not, an appeals court might review it using the ‘abuse of discretion’ standard. This means they’ll see if the judge’s decision was unreasonable, potentially leading to a new trial if the mistake was significant.
What does ‘sufficiency of the evidence’ mean in criminal appeals?
In criminal appeals, this standard asks if the evidence presented at trial was strong enough for a reasonable jury to find the defendant guilty beyond a reasonable doubt. It’s about whether the prosecution proved its case according to the law.
Can appeals courts change a jury’s award for damages?
Yes, appeals courts can review damage awards. If an award seems excessively high or unsupported by the evidence, they might reduce it or send the case back for a new decision. They look to see if the award is fair and reasonable based on the harm proven.