Crucial Exams

Multistate Bar Examination Practice Question

A plaintiff brought a negligence action against a defendant in federal court after a car accident. During trial, the jury found that the defendant was not negligent. The plaintiff appeals, arguing that the jury’s factual findings were against the weight of the evidence presented. On appeal, what is the most appropriate standard of review that the appellate court should apply to the jury’s factual findings?

  • The appellate court should independently reevaluate the evidence and make its own findings of fact.

  • The appellate court should review the jury’s factual findings de novo.

  • The appellate court should review the jury’s factual findings with no deference to the trial court’s proceedings.

  • The appellate court should review the jury’s factual findings under a 'manifest error' or 'clear error' standard.

Multistate Bar Examination
Civil Procedure
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