Appellate Review/Jx Flashcards
What is the de novo review standard?
The standard of review for pure questions of law. (From scratch)
When is the clearly erroneous standard of review used?
When reviewing the fact finding of a judge in a bench trial
When is abuse of discretion standard used?
Review standard usually when a jury is in involved and used when a judge made a discretionary ruling (ex. Evid or discovery)
When is a jury instruction appealable?
When a proper objection is made before the jury retires or promptly after given the instruction
What is the plain error standard of review?
Used when the substantial rights of a party are at stake
Do not not need a proper objection for appellate Ct to review
When is a denial of a SJ motion appealable?
After trial on the merits or final judgement
What is an interlocutory appeal?
When an issue is immediately appealable because it contains a question of law on which courts are divided
