Multistate Bar Examination Practice Question

A plaintiff sues the defendant for breach of contract in federal district court. After a jury trial, the jury finds in favor of the defendant. The plaintiff appeals, arguing that the jury’s finding was unsupported by the evidence presented at trial. On appellate review, what standard will the court most likely apply to the jury’s factual findings?

  • The appellate court will determine whether the jury’s findings are supported by substantial evidence in the trial record.

  • The appellate court will assess whether the trial judge properly instructed the jury on the applicable law.

  • The appellate court will reweigh the evidence and reach its own conclusion about the facts.

  • The appellate court will review the jury’s findings for clear error in their factual determinations.

Multistate Bar Examination
Civil Procedure
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