Standard of review on appeal - Next Generation Bar Exam
- Under Rule 51(d)(2), when may an appellate court consider an error in jury instructions that was not properly objected to?
- When it is plain error that affects substantial rights. Failing to object to an instruction otherwise forfeits the issue.
- What standard of review applies to a grant of summary judgment?
- De novo. The appellate court applies the same Rule 56 standard the district court applied.
- What standard of review applies to most evidentiary, discovery, and case-management rulings?
- Abuse of discretion. A ruling based on an error of law is an abuse of discretion.
- What standard of review applies to a district court's conclusions of law?
- De novo. The appellate court decides legal questions independently, without deference.
- What standard does an appellate court apply to a jury's factual findings challenged as unsupported?
- Whether a reasonable jury could have reached the finding on the evidence presented. The court views the evidence in the light most favorable to the verdict.
- To which bench-trial findings does an appellate court give the greatest deference?
- Findings based on the credibility of witnesses. The trial judge alone observed the witnesses' demeanor.
- Under Rule 52(a)(6), what standard governs review of findings of fact in a bench trial?
- Clearly erroneous. A finding is clearly erroneous only when the reviewing court is left with a definite and firm conviction that a mistake was made.
- Under Rule 61, which trial errors must be disregarded?
- Errors that do not affect any party's substantial rights. Harmless errors are not grounds for a new trial or reversal.
- Reviewing a bench-trial judgment, the appellate judges would have weighed the evidence differently, but the trial court's account is plausible on the whole record. How should the appellate court rule?
- Affirm the findings, because a plausible view of the evidence is not clearly erroneous. Where two permissible views exist, the factfinder's choice between them cannot be clearly erroneous.
- Under U.S. Bank v. Village at Lakeridge, how is the standard of review chosen for a mixed question of law and fact?
- By whether answering it entails primarily legal work or primarily factual work. Mixed questions that immerse the court in case-specific facts receive deferential review.