Appeals - Standards of Review Flashcards Preview

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Flashcards in Appeals - Standards of Review Deck (8)
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1
Q

What are the four main standard of review?

A
  1. Clearly erroneous
  2. De novo
  3. Abuse of discretion
  4. 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