Appellate Review of Trial Court Decisions: Master the Standards

Question 1

Which standard of review authorizes an appellate court to reverse a trial court's finding of facts?

Accepted Answer

De novo review

Answer

Clearly erroneous review

Answer

Abuse of discretion review

Answer

Manifest error review

Question 2

In which of the following circumstances would an appellate court apply the clearly erroneous standard of review?

Accepted Answer

Reviewing a trial court's finding of fact following a bench trial

Answer

Reviewing a trial court's grant of a motion for summary judgment

Answer

Reviewing a trial court's ruling on a motion to dismiss

Answer

Reviewing a trial court's decision to admit or exclude evidence

Question 3

Which of the following is not a factor considered by an appellate court when applying the abuse of discretion standard of review?

Accepted Answer

Whether the trial court's decision was supported by the evidence

Answer

Whether the trial court considered all relevant factors

Answer

Whether the trial court's decision was arbitrary or capricious

Answer

Whether the trial court applied the correct legal principles

Question 4

When an appellate court conducts a de novo review, it:

Accepted Answer

Examines the trial court record and makes its own findings of fact

Answer

Respects the trial court's factual findings

Answer

Focuses its review on legal errors made by the trial court

Answer

Conducts a new trial

Question 5

In reviewing a trial court's determination of whether to grant summary judgment, an appellate court will apply which standard of review?

Accepted Answer

De novo review

Answer

Clearly erroneous review

Answer

Abuse of discretion review

Answer

Plain error review

Question 6

When reviewing a trial court's interpretation of a statute, an appellate court typically applies which standard of review?

Accepted Answer

De novo review

Answer

Clearly erroneous review

Answer

Abuse of discretion review

Answer

Standard of persuasion review

Question 7

In de novo review, what does an appellate court do?

Accepted Answer

Reviews the trial court record independently and makes its own findings of fact and conclusions of law.

Answer

Overturns the trial court's decision only if it finds that the trial court made a clear error of law.

Answer

Gives deference to the trial court's findings of fact but reviews the trial court's conclusions of law independently.

Answer

Reverses the trial court's decision if it finds that the trial court abused its discretion.

Question 8

When does an appellate court apply the clearly erroneous standard of review?

Accepted Answer

When the trial court made a finding of fact that is supported by substantial evidence.

Answer

When the trial court made a legal error that is apparent on the face of the record.

Answer

When the trial court abused its discretion in making a decision.

Answer

When the trial court's decision is contrary to law.

Question 9

Which of the following factors is not considered by an appellate court in determining whether a trial court abused its discretion?

Accepted Answer

The personal beliefs of the appellate judges.

Answer

The trial court's reasons for its decision.

Answer

The trial court's experience and expertise.

Answer

The precedent established by prior case law.

Question 10

Which argument is commonly raised by an appellant seeking de novo review?

Accepted Answer

The trial court made a legal error.

Answer

The trial court's findings of fact are not supported by substantial evidence.

Answer

The trial court abused its discretion.

Answer

The trial court's decision is contrary to public policy.

Question 11

What is the effect when an appellate court finds that a trial court error was harmless?

Accepted Answer

Affirms the trial court's decision.

Answer

Reverses the trial court's decision.

Answer

Remands the case to the trial court for a new trial.

Answer

Vacates the trial court's decision.

Question 12

What is the primary goal of an appellant's oral argument?

Accepted Answer

To persuade the court to reverse the trial court's decision.

Answer

To provide the court with a detailed overview of the case.

Answer

To answer the court's questions.

Answer

To demonstrate knowledge of the applicable statutes.

Question 13

Which of the following is NOT a standard of review used by appellate courts to evaluate trial court decisions?

Accepted Answer

Harmless error review

Answer

De novo review

Answer

Clearly erroneous review

Answer

Abuse of discretion review

Question 14

Under the de novo standard of review, the appellate court:

Accepted Answer

Reviews the trial court's findings of fact without giving deference to the trial court's decision.

Answer

Assumes that the trial court's findings of fact are correct.

Answer

Grants the trial court's decision great weight and will only reverse for a clear error of law.

Answer

Is limited to reviewing the trial court's application of the law to the facts.

Question 15

When an appellate court conducts a de novo review, it means that the court:

Accepted Answer

Reviews the entire record and makes its own independent determination of the facts and the law.

Answer

Reviews the trial court's decision for errors of law only.

Answer

Reviews the trial court's findings of fact for clear error.

Answer

Reverses the trial court's decision if it finds that the decision is not supported by the evidence.

Question 16

True or False: The scope of review on appeal is determined by the nature of the error alleged.

Accepted Answer

True

Answer

False

Question 17

Under the de novo standard of review, the appellate court:

Accepted Answer

Reviews the trial court record and makes its own independent findings of fact and conclusions of law.

Answer

Gives great deference to the trial court's findings of fact and conclusions of law.

Answer

Reviews the trial court record for errors of law only.

Answer

Reviews the trial court record and can reverse or remand the case based on an abuse of discretion.

Question 18

Which of the following is NOT a typical standard of review used by appellate courts to evaluate trial court decisions?

Accepted Answer

De novo review of factual findings

Answer

De novo review

Answer

Clearly erroneous review

Answer

Abuse of discretion review

Question 19

Under de novo review, the appellate court will:

Accepted Answer

Review the trial court record and make an independent decision on questions of both fact and law.

Answer

Defers to the trial court's findings of fact unless they are clearly erroneous.

Answer

Reviews the trial court's decision for an abuse of discretion.

Answer

Applies a different standard of review depending on the nature of the issue being appealed.

Question 20

Clearly erroneous review is typically used to review:

Accepted Answer

Questions of fact

Answer

Questions of law

Answer

Mixed questions of law and fact

Answer

Sentencing decisions

Question 21

When an appellate court reviews a trial court's decision on a mixed question of law and fact, the appellate court will typically apply:

Accepted Answer

A standard of review that varies depending on the underlying factual and legal issues

Answer

De novo review

Answer

Review for clear error

Answer

Review for an abuse of discretion

Question 22

In reviewing a trial court's decision on a motion for a new trial, an appellate court will typically apply:

Accepted Answer

Abuse of discretion review

Answer

De novo review

Answer

Clearly erroneous review

Answer

Plenary review

Question 23

When an appellate court finds that a trial court error was harmless, the appellate court will typically:

Accepted Answer

Affirm the trial court's decision.

Answer

Reverse the trial court's decision.

Answer

Remand the case to the trial court for further proceedings.

Answer

Dismiss the appeal.

Question 24

Which standard of review is utilized when evaluating a trial court's findings of fact?

Accepted Answer

Clearly erroneous review

Answer

De novo review

Answer

Abuse of discretion review

Answer

Mixed question of law and fact review

Question 25

In de novo review, the appellate court:

Accepted Answer

Conducts an independent review of the record and makes its own findings.

Answer

Respects the trial court's findings unless they are manifestly erroneous.

Answer

Presumes the trial court's decision is correct.

Answer

Reverses the trial court's decision if unsupported by substantial evidence.

Question 26

In a case involving a mixed question of law and fact, an appellate court:

Accepted Answer

Applies the clearly erroneous standard to factual findings and de novo standard to legal conclusions.

Answer

Reviews the trial court's decision de novo.

Answer

Applies the abuse of discretion standard to both factual and legal findings.

Answer

Declines to review the trial court's decision.

Question 27

Which of the following is NOT a valid ground for appellate review?

Accepted Answer

Newly discovered evidence

Answer

Error of law

Answer

Abuse of discretion

Answer

Constitutional violation

Question 28

To preserve an issue for appellate review, a party must generally:

Accepted Answer

Raise an objection with the trial court at the time of the decision.

Answer

File a motion for reconsideration.

Answer

Request a jury instruction on the issue.

Answer

Immediately appeal the decision.

Question 29

Which factor is primarily considered by appellate courts when applying the clearly erroneous standard of review?

Accepted Answer

The weight of the evidence

Answer

The credibility of the witnesses

Answer

The legal reasoning employed by the lower court

Answer

The demeanor of the trial judge

Question 30

Under the clearly erroneous standard of review, an appellate court may modify or reverse a trial court's findings of fact if:

Accepted Answer

The appellate court finds that the trial court's findings are not supported by substantial evidence in the record.

Answer

The appellate court believes that the trial court made a mistake, even if the mistake is not clearly evident from the record.

Answer

The appellate court finds that the trial court applied the wrong legal standard in reaching its findings.

Answer

The appellate court finds that the trial court's findings are clearly contrary to the weight of the evidence.

Question 31

Which of the following best explains why appellate courts generally defer to factual findings made by trial courts?

Accepted Answer

Trial courts have the advantage of observing witnesses and evidence firsthand.

Answer

Legal conclusions are inherently more important than factual findings.

Answer

Appellate courts lack the resources to conduct thorough factual reviews.

Answer

Trial courts are less likely to be biased than appellate courts.

Question 32

Under the de novo standard of review, appellate courts:

Accepted Answer

Review the trial court record and make an independent determination on questions of law.

Answer

Presume the trial court's findings of fact are correct unless clearly erroneous.

Answer

Give deference to the trial court's discretionary rulings unless an abuse of discretion is shown.

Answer

Review the trial court's decision without regard to the arguments of the parties.

Question 33

Which of the following is NOT a standard of review used by appellate courts?

Accepted Answer

Summary Judgment Review

Answer

Abuse of Discretion Review

Answer

Clearly Erroneous Review

Answer

De Novo Review

Question 34

In a de novo review, the appellate court:

Accepted Answer

Reviews the trial court record independently and conducts its own fact-finding and legal analysis.

Answer

Reviews the trial court record for clear errors.

Answer

Only reviews the trial court record for errors of law.

Question 35

In a clearly erroneous review, the appellate court:

Accepted Answer

Reviews the trial court record to determine if the trial court's findings of fact are supported by substantial evidence.

Answer

Reviews the trial court record independently and conducts its own fact-finding and legal analysis.

Question 36

Which of the following factors is NOT considered by an appellate court when reviewing a trial court's exercise of discretion?

Accepted Answer

The trial court's personal beliefs

Answer

The trial court's adherence to precedent

Answer

The trial court's experience

Answer

The trial court's knowledge of local conditions

Question 37

In an appeal from a summary judgment, the appellate court will:

Accepted Answer

Review the trial court record de novo to determine if there are genuine issues of material fact.

Answer

Review the trial court record to determine if the trial court abused its discretion.

Answer

Review the trial court record for clear errors.

Question 38

Which of the following is a ground for reversal on appeal?

Accepted Answer

An error of law that was prejudicial to the appellant and affected the outcome of the case.

Answer

A ruling that the appellate court disagrees with.

Answer

An error of fact that was harmless.

Question 39

Which of the following is NOT a standard of review commonly used by appellate courts to evaluate trial court decisions?

Accepted Answer

De facto review

Answer

Clearly erroneous review

Answer

De novo review

Answer

Abuse of discretion review

Question 40

In a de novo review, the appellate court will:

Accepted Answer

Conduct an independent review of the evidence and make its own findings of fact and conclusions of law.

Answer

Review only the legal issues raised on appeal.

Answer

Defer to the trial court's findings of fact unless they are clearly erroneous.

Question 41

Which of the following is an example of a legal issue that is typically subject to de novo review?

Accepted Answer

Interpretation of a statutory provision

Answer

Admissibility of evidence

Answer

Credibility of a witness

Answer

Weight of the evidence

Question 42

In a clearly erroneous review, the appellate court may reverse the trial court's decision if:

Accepted Answer

After reviewing the entire record, it has a firm conviction that a mistake has been made.

Answer

The appellate court finds that the trial court abused its discretion.

Answer

The appellate court disagrees with the trial court's reasoning.

Question 43

In an abuse of discretion review, appellate courts generally give more deference to the trial court's decision when:

Accepted Answer

The decision involves complex factual issues that require the trial court to weigh the credibility of witnesses and evaluate the weight of the evidence.

Answer

The decision was made by a judge with many years of experience.

Answer

The decision was made after a lengthy trial.

Answer

The decision raises important legal issues.

Question 44

A common criticism of the clearly erroneous standard of review is that it:

Accepted Answer

Is subjective and can lead to unpredictable outcomes.

Answer

Is too deferential to trial court decisions.

Answer

Is inconsistent with the principle of stare decisis.

Answer

Is too difficult to apply in practice.

Question 45

Which of the following is a potential benefit of using de novo review?

Accepted Answer

It promotes uniformity in the application of legal principles.

Answer

It ensures that trial courts will always make the correct decision.

Answer

It reduces the workload of appellate courts.

Question 46

In a case involving a jury verdict, the appropriate standard of review for an appellate court to use when evaluating the trial court's decision to deny a motion for a new trial based on the weight of the evidence is typically:

Accepted Answer

Abuse of discretion review

Answer

De novo review

Answer

Clearly erroneous review

Answer

Plenary review

Question 47

Which of the following is NOT a standard of review typically used by appellate courts in the United States to evaluate trial court decisions?

Accepted Answer

Arbitrary and capricious review

Answer

Abuse of discretion review

Answer

Clearly erroneous review

Answer

De novo review

Question 48

When an appellate court conducts a de novo review, it:

Accepted Answer

Examines the trial court record and independently determines both the facts and the law.

Answer

Reviews the trial court record to determine if the trial court abused its discretion.

Answer

Presumes the trial court's decision was correct and only overturns it if there is clear error.

Question 49

A plaintiff appeals a trial court's grant of summary judgment in favor of the defendant, arguing that a genuine issue of material fact exists. What standard of review will the appellate court apply?

Accepted Answer

De novo review

Answer

Clearly erroneous review

Answer

Abuse of discretion review

Answer

Harmless error review

Question 50

A defendant appeals a trial court's damage award of $100,000, arguing that the amount is excessive. What standard of review will the appellate court apply?

Accepted Answer

Abuse of discretion review

Answer

Plain error review

Answer

Clearly erroneous review

Answer

De novo review

Question 51

A plaintiff appeals a trial court's ruling excluding certain evidence. What standard of review will the appellate court apply to this evidentiary ruling?

Accepted Answer

Abuse of discretion review

Answer

De novo review

Answer

Clearly erroneous review

Answer

Harmless error review

Question 52

A defendant appeals a trial court's denial of their motion to dismiss for failure to state a claim, arguing the plaintiff's complaint lacks a valid cause of action. What standard of review will the appellate court apply?

Accepted Answer

De novo review

Answer

Abuse of discretion review

Answer

Harmless error review

Answer

Clearly erroneous review

Question 53

A defendant appeals a trial court's finding of a breach of contract, arguing the judge misinterpreted the contract terms. What standard of review will the appellate court apply?

Accepted Answer

De novo review

Answer

Harmless error review

Answer

Clearly erroneous review

Answer

Abuse of discretion review

Question 54

A defendant appeals a trial court's finding that the plaintiff's testimony was credible. They argue the judge's credibility finding was clearly erroneous. What standard of review will the appellate court apply?

Accepted Answer

Clearly erroneous review

Answer

De novo review

Answer

Harmless error review

Answer

Abuse of discretion review

Question 55

An appealing party argues that a trial court's factual finding was clearly erroneous because it wasn't supported by the evidence. What must the appealing party show to prevail on this argument?

Accepted Answer

That the reviewing court is left with a definite and firm conviction that a mistake was made by the trial court.

Answer

That the judge's finding was arbitrary and capricious.

Question 56

An appealing party argues that a trial court abused its discretion in granting a motion for a new trial. What must they demonstrate to prevail on this argument?

Accepted Answer

That the trial court's decision was arbitrary, unreasonable, or based on an erroneous view of the law.

Answer

That the trial court's decision was clearly erroneous.

Question 57

Which of the following is NOT a factor that appellate courts consider when determining whether to overturn a trial court's decision?

Accepted Answer

The personal opinions of the appellate judges.

Answer

The evidence presented at trial.

Answer

The applicable law and legal precedents.

Answer

The arguments of the parties.

Question 58

An appellate court is reviewing a trial court decision that involved a novel legal issue.  Which standard of review is most likely to be applied by the appellate court?

Accepted Answer

De novo review

Answer

Clearly erroneous review

Answer

Abuse of discretion review

Answer

Harmless error review