Standard of review on appeal - Next Generation Bar Exam

  1. 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.
  2. 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.
  3. 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.
  4. What standard of review applies to a district court's conclusions of law?
    De novo. The appellate court decides legal questions independently, without deference.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.

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