Appellate review - Standard of review Flashcards
When district judge decides questions of law, by what standard does the court of appeals review?
De novo, no difference to trial judge. Not bound by it.
In a non-jury trial, when the district judge determines questions of fact the court of appeals will affirm unless what?
Findings are clearly erroneous.
In a jury trial, when the jury decides questions of fact, the court of appeals will affirm unless what?
Reasonable people could not have made that finding.
What will the court of appeals apply to reviewing discretionary matters?
Will affirm unless there has been an abuse of discretion.
Can I move to set aside a verdict that has been given by a jury?
In most courts, a party may not move for judgment notwithstanding the verdict unless he has previously moved for a directed verdict at some time during the trial. A party may not make a renewed motion for judgment as a matter of law unless he has previously moved for judgment as a matter of law at the close of evidence.
