MBE Rules · Civil Procedure
Appellate standards of review
The rule
Appellate courts review questions of law de novo, findings of fact for clear error (Rule 52(a)), jury verdicts for legal sufficiency of the evidence, and discretionary rulings (e.g., evidentiary, discovery, and Rule 59 new-trial) for abuse of discretion. Mixed questions of law and fact are reviewed under the standard most appropriate to the predominant component.
In plain English
Which standard applies dictates whether the appellant has any real chance. Facts are sticky; law is free; discretion sits in between.
Memory hook
Law = de novo, Fact = clear error, Discretion = abuse.
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