In civil litigation, most lawsuits are resolved by the voluntary agreement (settlement) of the parties (litigants) before the judge, jury, or arbitrator decides how the case should be resolved. But if a case goes to trial and the judge or jury decides how the case should be resolved, one or more parties to the lawsuit may appeal that decision to a higher court—usually a court of appeals, whether in the state court system or the federal court system.

And one or more of the parties who are dissatisfied with the decision of the court of appeals generally may ask the highest court in the jurisdiction (state court or federal court) to review the decision of the lower court(s). The highest court in the state court system is often called the supreme court—but in some states it has a different name—for example, in New York it is called the New York Court of Appeals. And in the federal court system the highest court is the United States Supreme Court.

There are different standards by which higher courts review the decisions of lower courts, and these are known as standards of review. In many cases appellate courts are required to give deference to the decision made by the jury or the lower court.

These decisions are reviewed for an abuse of discretion, and the higher court will only reverse the lower court’s decision if it determines the lower court abused its discretion. And in some states certain decisions made by the lower court or the jury are reviewed using a substantial evidence standard, and the question for the higher court is whether there is substantial evidence to support the decision of the lower court or the jury.

Finally, some decisions are reviewed without giving deference to the decision made by the jury or the lower court, and this standard of review is called de novo review.

In South Carolina, as in other states, civil litigation often concludes with a settlement between the parties before a case reaches a verdict. However, if a case does go to trial and a decision is rendered by a judge or jury, the dissatisfied party has the right to appeal to a higher court. In South Carolina, the next level of appeal is the South Carolina Court of Appeals. Should a party wish to challenge the decision further, they may petition the South Carolina Supreme Court, which is the highest court in the state's judicial system. At the federal level, the ultimate appellate authority is the United States Supreme Court. The appellate courts apply various standards of review depending on the nature of the appeal. Decisions may be reviewed for 'abuse of discretion,' which requires the appellate court to determine if the lower court made a decision that was arbitrary or unreasonable. Some decisions are reviewed under the 'substantial evidence' standard, where the appellate court examines if there is adequate evidence to support the lower court's findings. Lastly, appellate courts may conduct a 'de novo' review, which does not give deference to the lower court's decision and allows the appellate court to consider the matter anew. The standard applied depends on the type of issue being appealed and the specific legal principles involved.