appeal

Question 1

correction of mistake in judgment or order

Answer 1

Before an appeal is docketed in the appellate court, a district court can correct a mistake in a judgment, order, or other part of the record on its own initiative or pursuant to a party’s motion. But after an appeal has been docketed, the district court can correct the mistake only with the appellate court’s leave.

Question 2

standards of review in the appellate court

Answer 2

An appellate court will review a district court’s jury instructions under the following standards:

1-Abuse of discretion (high deference) – where the DISTRICT court’s discretionary decisions (eg, the creation of jury instructions) will be reversed if they were unreasonable or arbitrary
[[[a district court has broad discretion to decide what language to use in its instructions to the jury, this discretionary ruling should be reviewed for abuse of discretion]]]

2-De novo (no deference) – where a district court’s conclusions of law (eg, the contents of jury instructions) will be reversed if the appellate court reasonably believes that the court misinterpreted or misstated the law

Question 3

review for abuse of discretion can become review de novo if challenged on constitutional ground.

Answer 3

A ruling on a motion for a new trial is generally discretionary and reviewed on appeal for abuse of discretion. However, when such a ruling is challenged on constitutional grounds, the ruling presents a pure legal issue that is reviewed de novo.

Under this standard of review, a trial court’s conclusions of law are given no deference and will be reversed if the appellate court reasonably believes that the trial court misinterpreted the law. Since the defendant challenged the punitive damages award as unconstitutionally excessive, the trial court’s decision to reduce that award is reviewed de nov