Civ Pro Foundation Wrap Up Series

Question 1

What standard of review does the Appellate court use if there is no objection made to jury instructions but there is evidence there may have been issue on how the instructions were given to the jury?

Answer 1

Plain error standard

This standard considers whether there was a plain error in the instruction that affected substantial rights.

Question 2

What must a party do to preserve their right to appeal an error in jury instructions?

Answer 2

Object on the record before the instructions are given

Question 3

What is the standard of review if a party appeals but there is evidence that the party objected to the jury instructions that were adequately preserved?

Answer 3

Abuse of discretion standard

Question 4

What standard does an appellate court apply when reviewing a trial court’s ruling on a post-trial motion for judgment as a matter of law?

Answer 4

De novo standard

Question 5

What is the standard for reviewing a trial court’s denial of a motion for new trial?

Answer 5

Abuse of discretion standard

Question 6

Under what conditions can a trial court’s denial of a motion for new trial be reversed?

Answer 6

Clear showing of an abuse of discretion

Question 7

What happens when a renewed motion for judgment as a matter of law is granted?

Answer 7

The court rules hypothetically on the new trial motion

Question 8

What are the grounds for relieving a party from a final judgment or order? (List at least three)

Answer 8

• Mistake, inadvertence, surprise, or excusable neglect
• Newly discovered evidence
• Fraud, misrepresentation, or other misconduct

Question 9

What must be done for grounds involving mistake, newly discovered evidence, and fraud?

Answer 9

The motion must be made within a reasonable time not to exceed one year from the judgment

Question 10

What can be raised at any time concerning a judgment?

Answer 10

Lack of subject matter jurisdiction

Question 11

What is the trial judge’s role regarding motions to relieve from judgment?

Answer 11

Discretion to grant or deny the motion

Question 12

Where is a business entity defendant deemed to reside?

Answer 12

In any judicial district in which the defendant is subject to the court’s personal jurisdiction with respect to the civil action in question

Question 13

What is a ground for seeking relief from a judgment based on newly discovered evidence?

Answer 13

Evidence that by due diligence could not have been discovered in time to move for a new trial, provided a motion is made within a reasonable time not to exceed one year

Question 14

What are the grounds for relief from a judgment?

Answer 14

• The judgment is void
• The judgment has been satisfied
• The judgment has been reversed

A motion for relief based on these must be brought within a reasonable time not limited to a year.

Question 15

What standard must federal trial courts apply in a diversity case when considering a motion for a new trial based on excessive verdict?

Answer 15

A state law standard

Question 16

What has the Supreme Court held regarding relief from waiver if an issue is normally tried by a jury?

Answer 16

A court should grant relief from the waiver in the absence of compelling reasons to the contrary

Question 17

How is an issue not raised by the pleadings treated if it is tried by the parties’ consent?

Answer 17

It is treated as if raised in the pleadings, allowing a party to amend the pleadings to conform them to the evidence at any time, even after judgment

Question 18

What must a party do to receive a jury trial?

Answer 18

File a written demand and serve it on all parties within 14 days after the service of the last pleading directed to the jury-triable issue

Question 19

What happens if a party fails to file a jury trial demand in time?

Answer 19

The right to a jury trial is generally deemed waived

Question 20

What can the clerk do following a default by a defendant?

Answer 20

Sign and enter a judgment for the amount set forth in the plaintiff’s affidavit if the defaulted defendant is not an infant or an incompetent, and the plaintiff’s claim is for a sum certain

Question 21

When is a federal question case deemed commenced for statute of limitations purposes?

Answer 21

When the complaint is filed with the court

Question 22

When is a diversity case deemed commenced for statute of limitations purposes?

Answer 22

When process is served on the opposing party, depending on the state rule

Question 23

What applies in federal question cases regarding the commencement of an action?

Answer 23

The federal rule applies

Question 24

What must a judge provide after the close of evidence in a bench trial?

Answer 24

Findings of fact and conclusions of law on the record.

This can be provided orally or in writing.

Question 25

How does an appellate court review a trial judge's legal determinations?

Answer 25

De novo, meaning no deference is given to the trial judge's legal conclusions. ## Footnote This applies to pure legal issues.

Question 26

What standard of review is applied to a trial judge's factual findings?

Answer 26

Clear error. ## Footnote Findings are reversed only if no reasonable judge would have made them.

Question 27

What is the standard of review for jury's factual findings?

Answer 27

Substantial evidence. ## Footnote The appellate court is highly deferential and will reverse only if no reasonable jury would have made the finding.

Question 28

What is the standard of review for discretionary rulings made by a judge?

Answer 28

Abuse of discretion. ## Footnote The appellate court will reverse only if the decision was unreasonable or arbitrary.

Question 29

What happens if no written jury demand is served within 14 days after the last pleading?

Answer 29

The Seventh Amendment right to a jury trial is waived, leading to a bench trial. ## Footnote In this case, the judge serves as the finder of fact.

Question 30

True or False: The trial judge is the final arbiter of the law.

Answer 30

False. ## Footnote An appellate court can review the trial judge's decision.

Question 31

Fill in the blank: The appellate court reverses a trial judge's conclusions of law if it reasonably believes that the judge _______.

Answer 31

misinterpreted the applicable law.

Question 32

What does a party need to do to demand a jury trial?

Answer 32

Serve a written jury demand on the other parties within 14 days after the last pleading related to the jury issue. ## Footnote Failure to do so results in a waiver of the right.

Question 33

What is the final-judgment rule?

Answer 33

A rule stating that appellate courts may only hear appeals from a final judgment, which fully resolves a dispute on the merits and leaves nothing for the court to do but enforce the judgment. ## Footnote This rule is subject to limited exceptions.

Question 34

What does a final judgment resolve?

Answer 34

The merits of a dispute, leaving only enforcement. ## Footnote A final judgment indicates that the case is concluded.

Question 35

Is an appeal allowed if a final judgment has not been entered?

Answer 35

No. ## Footnote Appeals are only permitted after a final judgment.

Question 36

What is one exception to the final-judgment rule?

Answer 36

Certification by district court. ## Footnote This allows for interlocutory appeals under certain conditions.

Question 37

List three exceptions to the final-judgment rule.

Answer 37

* Injunction (grant/denial) * Class action certification * Bankruptcy cases (certain orders) ## Footnote Additional exceptions include appointment of receiver and patent-infringement orders.

Question 38

What must a district court state to certify an interlocutory appeal?

Answer 38

* There is a substantial difference of opinion on the controlling question of law * An appeal may materially advance the ultimate termination of the litigation. ## Footnote This certification is a prerequisite for an interlocutory appeal.

Question 39

What is the mnemonic to remember exceptions to the final-judgment rule?

Answer 39

In Certain Circumstances, An Appeal Can Be Made Prematurely. ## Footnote This mnemonic helps recall the exceptions that allow for premature appeals.

Question 40

What is the time frame for a party seeking an appeal after a certification?

Answer 40

10 days. ## Footnote The party must apply to the appellate court within this time frame.

Question 41

True or False: Appellate courts can hear appeals from any judgment.

Answer 41

False. ## Footnote They can only hear appeals from final judgments unless exceptions apply.

Question 42

What are the three main types of issues considered in an appeal?

Answer 42

Legal issue, Fact issue, Discretionary ruling ## Footnote These categories determine how appellate courts review lower court decisions.

Question 43

What is considered a legal issue in appellate review?

Answer 43

Conclusions of law, Jury instructions ## Footnote Legal issues pertain to the interpretation and application of laws.

Question 44

What constitutes a fact issue in appellate review?

Answer 44

Credibility of witnesses, Factual determinations/verdict ## Footnote Fact issues focus on the evidence and the facts established during the trial.

Question 45

What are examples of discretionary rulings in appellate review?

Answer 45

Injunctions, Admissibility of evidence ## Footnote Discretionary rulings involve decisions made by a judge based on their judgment.

Question 46

What does 'de novo' mean in appellate review?

Answer 46

No deference, Reverse if reasonable belief judge misinterpreted law ## Footnote This standard allows the appellate court to review the matter as if it were being considered for the first time.

Question 47

What is meant by 'abuse of discretion' in appellate review?

Answer 47

High deference, Reverse if decision was unreasonable/arbitrary ## Footnote This standard applies when reviewing decisions that involve a judge's discretion.

Question 48

What does 'clear error' refer to in the context of a bench trial?

Answer 48

High deference, Reverse if no reasonable judge would have made finding ## Footnote This standard is used when reviewing factual findings made by a trial judge.

Question 49

What is the standard of review for 'substantial evidence' in a jury trial?

Answer 49

High deference, Reverse if no reasonable jury would have made finding ## Footnote This standard assesses whether the jury's conclusions are supported by sufficient evidence.

Question 50

What does FRCP 11(b) require regarding claims and defenses?

Answer 50

Claims, defenses, and legal contentions must be warranted by existing law or supported by a nonfrivolous argument for modifying or reversing that law ## Footnote This rule ensures that legal arguments presented in court have a basis in law.

Question 51

What discretion does a court have under FRCP 11(b)?

Answer 51

A court has the discretion to impose sanctions on a law firm, attorney, or party if they violate this rule ## Footnote Sanctions serve as a penalty for noncompliance with legal standards.

Question 52

How is the imposition of sanctions reviewed on appeal?

Answer 52

Under the highly deferential abuse-of-discretion standard ## Footnote This means the appellate court will only reverse the ruling if it was clearly arbitrary or unreasonable.