Standards for Court to Review Flashcards
When is De Novo w/out deference to the trial courts analysis standard used?
- Question of law
- Pure ruling on a matter of law
- jury instruction that summarizes the question of law
- Does the law apply at all?
- meaning of the language of the law
- Mixed Questions of Law and Fact
- “Fair Use” in copyright
- Whether the facts have given rise to infringement?
What is the Harmless Error Doctrine?
When does the court use this standard of review?
**Harmless Error Doc **
* Appeal ONLY IF = findings are clearly erroneous that a definetly a mistake was made that affected a party’s rights
* NO appeal if: unlikely to have changed the outcome of the case
* However the appealate court WILL give = due regard to trial courts judgment and discretion when it comes to witnesses credibility and admitting evidence
Example = this is the conclusion an appealate court reaches AFTER reviewing and Determining the impact of an erroenous evidentiary ruling
Standard for court to review
* Questions of fact made in Bench Trial
* In a Bench Trial the Judge makes conclusions on factual disputes between the parties based on the evidence
* Facts about 1 of the elements of the case
* Erroneous evidence impacting a ruling in a case
Standard for court to review
Questions of fact in a jury trial =
reasonable people could not have made that finding in light most favorable to jury
What is the abuse of discretion standard?
When do courts use that standard?
Within judges discretion to make = abused his discretion beacuse it is PLAINLY wrong WITHOUT ANY appropriate basis (least favorable)
Used When:
* Admissibility of Evidence (evidence should have been excluded because it was irrelevant)
* To allow a witness to Testify
EXAMPLE: irrelevant evidence that is highly prejudicial was admitted
–> Because determinging the relevance of evidence IS within the trial courts discretion since it requires an understanding of the ENTIRE case and context behind why its being offered. So the Appealate court will defer to the trial courts judgement, UNLESS he clearly abused this discretion.
Standard for court to review
* Summary judgement
* What is the standard of Review for JMOL?
**Standard for Summary Judgment **
genuine dispute of material fact and they are entitled to judgement as a matter of law
Standard for JMOL
* resolving all disputed issues in the favor of the NON-moving party the evidence is still NOT sufficient to support a verdict such that a reasonable jury could find in favor of the NON-moving party
Standard for court to review
* Amending the PRE-TRIAL order for schedule for discovery and jury dates
* Amending FINAL PRE-TRIAL setting out the issues for trial
*Amending Pleadings to add a new claim
Pre trial Order = judge makes the intial schedule for discovery, motions, and jury
moving party can show good cause and the judge’s consent
* Good cause = showing that the party acted diligently to try to meet the original deadline
FINAL pre trial order = setting out the issues for trial
* only to prevent manifest injustice
**Amending Pleading to add a new claim **
- if justice so requires
- Criminal prosecution has a constitutional duty to send what type of evidence?
- Standard for court to review for failure to disclose that evidence?
Prosecution has a duty to disclose any MATERIAL exculpatory evidence in a criminal case, Including evidence that would IMPEACH a gov witness
**Standard of Review **
prejudice resulted = earlier disclosure of the evidence would have created a REASONABLE PROBABILITY of a different outcome
Criminal Case
Burden of Proof
The constitution REQUIRES that the prosecution prove BEYOND a reasonable doubt EVERY ELEMENT of the crime charged otherwise it violates due process
IF the defendant raises an affirmative defense that is NOT an element of the crime charges, then the defendant must prove that by the preponderance of the evidence
IF the defendant raises a defense that IS AN ELEMENT of the crime, then the BURDEN is STILL ON the PROSECUTION
Motion to set aside or relief from judgment
Timing?
best way to seek relief from a judgment
- Clerical errors
**Reasonable time: **
* Judgement is void due to lack of SMJ or court never had PJ
* Judgement void because criminal charge underlying the civil judgment was vacated
* Sufficienlty extraordinary circumstance that would warrant relif
**Reasonable time less than 1 year: **
* a) mistake, oversight or inadvertence NOT by choice,
* b) excusable neglect + viable defense,
* c) fraud or misrepresentation,
* d) misconduct by the other party or jury
* e) new evidence that existed AT THE TIME OF TRIAL but was unable to get with reasonable due diligence
BEST WAY TO SEEK RELIEF = reverse judgment or set aside because a new trial is riskier because you still may lose
If you see an answer choice for a new trial request remember it can only be valid if within 28 days from the judgement being entered
Ordering a new trial
Timing?
When will it be allowed?
Standard for review?
**Motion for a new trial MUST be made within 28 days after the judgement is entered. **
CA: 180 days
- Prejudicial error (wrong jury instructions)
- New evidence that could NOT have been discovered before
- Prejudicial Misconduct (lawyer, party, juror)
- Judgment is against the weight of evidence
- Damages are excessive or inadequate
Standard of Review
- verdict is against the weight of the evidence
- plain error that materially/substantially harmed the D
What are the requirements for a judge in a bench trial when he makes his ruling?
What are the requirements for a judge in a jury trial for his ruling?
BENCH TRIAL = judge must provide findings and conclusions after he makes his ruling, BUT it does NOT have to be in writing, he ORALLY say it on the record
JURY TRIAL = Judge can just enter the final judgement
How can a person survive a motion to dismiss for failure to serve process?
MUST demonstrate Good cause, which is something BEYOND the party’s control which is the reason service was not able to be made
For the appealate court to properly be able to consider a challenge what must first have to happen?
* to challenge the sufficieny of evidence
* jury instructions
* Admission of evidence
**To challenge the sufficiency of evidence: **
1. JMOL is made before the case is submitted to the jury in the lower court
2. then after the verdict comes back, an RJMOL is made again in the lower court
3. NOW the issue is preserved and can be brought up for appeal within 30 days AFTER final judgement is entered
Jury Instructions = objection must be made at the first oppurtunity that the jury can NOT hear. THEN that will preserve the issue for Appeal court to hear the person on the issue. The Appeal court will overturn the decision IF it was NOT a harmless error
* If there was NOT a proper objection = a plain error that affected the person’s substantial rights, regardless of objections
**Admission of evidence ** = objection MUST be made when judge decided to let the evidence in. THEN that will preserve the issue for Appeal court to hear the person on the issue. The Appeal court will overturn the decision IF it was NOT a harmless error
Standard for Court to Grant a TRO
An order granting a TRO must include:
(1) reason why it is issued
(2) specifically state the terms
(3) reasonable detailed description the act that is being restrained or required, simply referring to the complaint it NOT enough
TRO can be granted WITHOUT NOTICE if:
* lawyers affidavit of reasonable efforts to notify
* clearly shows immediate and irreparable injury, loss
* damage will result before other party can be heard
whether the appellate court is likely to rule on the merits of the appeal?
On the merits = the court will consider and make a decision based on the substantive legal issues presented in the appeal rather than dismissing it on procedural ground
–> must preserve the right on objection to do this during the case
Examples = misapplication of law, errors in legal reasoning, improper jury instructions, Challenge the sufficiency of evidence
plainly on appeal = the court does NOT re-examine the facts of the case BUT focuses on plain legal errors or issues raised during the trial
