Civil Procedure Multistate Bar Practice Exam

What standard is applied when reviewing questions of fact in a jury trial?

1. Abuse of discretion

2. De novo review

3. Clearly erroneous

4. Reasonable doubt

The correct answer is: Clearly erroneous

In a jury trial, the standard applied when reviewing questions of fact is the "clearly erroneous" standard. This standard is utilized when appellate courts review findings made by a trial jury. It recognizes the role of the jury in weighing evidence, assessing credibility, and making factual determinations. The "clearly erroneous" standard means that an appellate court will not overturn a jury's findings of fact unless there is a strong conviction that a mistake has been made. This respects the jury's unique position to observe witnesses and evidence directly, and acknowledges the deference that should be given to their conclusions. As a result, the appellate court's focus is on whether the jury's conclusions have a reasonable basis in the evidence presented at trial. In contrast, other standards such as abuse of discretion typically relate to the judge's rulings on procedural matters, while de novo review is used in areas involving questions of law rather than questions of fact. The reasonable doubt standard applies specifically to criminal cases regarding the burden of proof, which does not pertain to the standard for reviewing factual findings in a jury trial. Thus, the clearly erroneous standard is the appropriate one for appellate review of jury findings.