Appealability and Review

Question 1

How does a party appeal based on a jury instruction error?

Answer 1

To challenge an error in jury instructions on appeal a party generally must object at trial. If a party fails to do so the challenged error can only be reviewed for plain error.

Question 2

When will a plain error review be heard?

Answer 2

If the appellant shows that an obvious error affected a substantial right and fairness of judicial proceedings.