A recent line of Illinois Supreme Court decisions has announced a new "clearly erroneous" standard of appellate review for findings of " mixed questions" of fact and law by Illinois administrative agencies. The new state standard is based on the federal standard of review for findings of fact by federal district court judges. After providing an overview and comparison of federal and state standards of review in civil cases, this article examines and analyzes the process by which the new Illinois standard of review for mixed questions was developed; discusses the uncertainties surrounding the new rule’s source, scope, and application; and recommends clarification of the source and scope of the new rule and more explicit use of a "functional" approach to the process of selecting and explaining standards of review. The analysis and discussion takes place against the backdrop of Illinois Supreme Court Rule 341, which was amended in 1997 to focus more attention on the issue of standards of review. Articles Editor, Michael Murphy.
Kathleen L. Coles,
Mixed up Questions of Fact and Law: Illinois Standards of Appellate Review in Civil Cases Following the 1997 Amendment To Supreme Court Rule 341,
S. Ill. U. L.J.
Available at: http://opensiuc.lib.siu.edu/siulj/vol28/iss1/2