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Standard of Review & “Facts” on Appeal

Standard of Review & “Facts” on Appeal. Trial Court Grants 12(b)(6) Motion to Dismiss. What is the standard for the trial court to grant the motion? What is the standard of review for the appellate court? What “facts” must the appellate court assume to be true in applying that standard?.

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Standard of Review & “Facts” on Appeal

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  1. Standard of Review & “Facts” on Appeal

  2. Trial CourtGrants12(b)(6) Motion to Dismiss • What is the standard for the trial court to grant the motion? • What is the standard of review for the appellate court? • What “facts” must the appellate court assume to be true in applying that standard?

  3. Trial CourtGrants12(b)(6) Motion to Dismiss • In reviewing a motion to dismiss, the court • accepts all the facts pleaded in the complaint as true and • views those allegations in the light most favorable to the plaintiff.

  4. Trial CourtGrants Motion for Judgment on the Pleadings • What is the standard for the trial court to grant the motion? • What is the standard of review for the appellate court? • What “facts” must the appellate court assume to be true in applying that standard?

  5. Trial CourtGrants Motion for Summary Judgment • What is the standard for the trial court to grant the motion? • What is the standard of review for the appellate court? • What “facts” must the appellate court assume to be true in applying that standard?

  6. Trial CourtGrants Directed Verdict (or JNOV) • What is the standard for the trial court to grant the motion? • What is the standard of review for the appellate court? • What “facts” must the appellate court assume to be true in applying that standard?

  7. Trial CourtRefuses to GrantDirected Verdict (or JNOV) What does the appellate court review when the verdict loser challenges the sufficiency of the evidence? • What is the standard for the trial court to deny the motion? • What is the standard of review for the appellate court? • What “facts” must the appellate court assume to be true in applying that standard?

  8. Trial CourtOverrules Objectionto a Jury Instruction • What is the standard for the trial court to overrule the objection? • What is the standard of review for the appellate court? • What “facts” must the appellate court assume to be true in applying that standard?

  9. Trial CourtGrantsMotion to Dismiss for Lack of Subject Matter Jurisdiction • What is the standard for the trial court to grant the motion? • What is the standard of review for the appellate court? • What “facts” must the appellate court assume to be true in applying that standard?

  10. Trial CourtGrantsMotion to Dismiss for Lack of Personal Jurisdiction • What is the standard for the trial court to grant the motion? • What is the standard of review for the appellate court? • What “facts” must the appellate court assume to be true in applying that standard?

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