satisfied (like the law ?, has only one answer) Standard Abuse of jury: de novo reviewed of Discretion substantial clearly on a Review evidence erroneous spectrum from de novo to abuse of discretion Standard DC only could a could a COA uses BUT Defined reversed it is rational rational its REALLY it has made juror come judge independent seems like error through to that come to judgment there is wrong law or conclusion that (no DC only one wrong conclusion deference) standard of application because review to (based on there is only use which the facts you one is whether could standard they choose x or applied the y but chose law z) correctly Note: the case management abuse of discretion standard is a fallacy - you have to get the law right (de novo) and the application right (which is also a mistake of law so it gets de novo review). What is really happening on these standards of review is who ought to be policing the question - if it’s the DC, we use a deferential standard of review - if we think the COA ought to do it, we adopt a more active standard of review. You will get reversed if you make an error of law. Did they apply the right law and did they do it correctly? BINDING EFFECT OF A JUDGMENT Generally
satisfied (like the law ?, has only one answer) Standard of Review Abuse of Discretion jury: substantial evidence clearly erroneous de novo reviewed on a spectrum from de novo to abuse of discretion Standard Defined DC only reversed it is has made error through wrong law or wrong application (based on the facts you could choose x or y but chose z) could a rational juror come to that conclusion could a rational judge come to that conclusion COA uses its independent judgment (no DC deference) because there is only one standard BUT REALLY it seems like there is only one standard of review to use which is whether they applied the law correctly Note: the case management abuse of discretion standard is a fallacy - you have to get the law right (de novo) and the application right (which is also a mistake of law so it gets de novo review). What is really happening on these standards of review is who ought to be policing the question - if it’s the DC, we use a deferential standard of review - if we think the COA ought to do it, we adopt a more active standard of review. You will get reversed if you make an error of law. Did they apply the right law and did they do it correctly? BINDING EFFECT OF A JUDGMENT Generally
Civil-Procedure-Ides-20141.docx