The courts use the term “standard of review” as a broad defined notion of how
they judge a case. There are many levels of review, and the selection of the
level often determines the result in a case. In cases where the courts are
determining if a law is constitutional, for example, there is a standard called
strict scrutiny that is used if the courts believe that the law poses a substantial
threat to fundamental rights. In reality, this is not really a standard of review
because few laws are ever found constitutional when looked at with strict
scrutiny. If, instead, the court chooses the “rational relationship” test, most
laws pass as long as there is some relationship between the goals of the law
and the method it prescribes to achieve those goals. Thus the determination of
the proper standard of review usually predicts the results of that review.