Appeals - Standards of Review Flashcards
1
Q
What are the four main standard of review?
A
- Clearly erroneous
- De novo
- Abuse of discretion
- Mixed/hybrid
2
Q
Which standard of review is most common?
A
Clearly erroneous
3
Q
Which standard of review is most deferential to trial court?
A
Clearly erroneous
4
Q
Which standard of review is least deferential to trial court?
A
De novo
5
Q
What does clearly erroneous usually apply to?
A
Fact-finding
6
Q
What does de novo usually apply to?
A
Pure conclusion of law
7
Q
What does abuse of discretion usually apply to?
A
Procedural and other discretionary trial rulings
8
Q
What is a mixed/hybrid standard of review?
A
Some combination of other standards
