1 / 7

Three Standards of Review

Three Standards of Review. Three Standards of Review. De Novo Clearly Erroneous Abuse of Discretion. When is De Novo Review Applied. Pure Questions of Law. When is Abuse of Discretion Review Applied?. Various rulings, e.g., Scope of discovery issues Trial procedures Continuances

lee-winters
Télécharger la présentation

Three Standards of Review

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Three Standards of Review

  2. Three Standards of Review • De Novo • Clearly Erroneous • Abuse of Discretion

  3. When is De Novo Review Applied • Pure Questions of Law

  4. When is Abuse of Discretion Review Applied? • Various rulings, e.g., • Scope of discovery issues • Trial procedures • Continuances • Some aspects of admission of evidence • Rulings in which the trial court has to weigh various factors

  5. What does Abuse of Discretion Review Mean? (Federal Courts) • Appellate court must be • Firmly convinced that • The decision lies beyond the pale of reasonable justification

  6. What does Abuse of Discretion Review Mean? (Missouri) • Trial Ct’s decision must be • Clearly against the logic of the circumstances, and • So arbitrary and capricious • as to shock the conscience & • To indicate that the trial court did not carefully consider the issue.

  7. When is Clearly Erroneous Review Applied? • Trial Court Factual Findings • Including findings necessary for motions

More Related