Standards of Review

Description: This quiz will test your knowledge of the standards of review used by courts to evaluate the decisions of lower courts or administrative agencies.
Number of Questions: 14
Created by:
Tags: appellate law standards of review legal reasoning
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Which standard of review is used when a court is reviewing a decision of a lower court that involves a question of law?

  1. De novo review

  2. Plenary review

  3. Abuse of discretion review

  4. Substantial evidence review


Correct Option: A
Explanation:

De novo review is used when a court is reviewing a decision of a lower court that involves a question of law. This means that the court will review the record and make its own independent determination of the law, without giving any deference to the lower court's decision.

Which standard of review is used when a court is reviewing a decision of a lower court that involves a question of fact?

  1. De novo review

  2. Plenary review

  3. Abuse of discretion review

  4. Substantial evidence review


Correct Option: D
Explanation:

Substantial evidence review is used when a court is reviewing a decision of a lower court that involves a question of fact. This means that the court will uphold the lower court's decision if there is substantial evidence in the record to support it.

Which standard of review is used when a court is reviewing a decision of an administrative agency?

  1. De novo review

  2. Plenary review

  3. Abuse of discretion review

  4. Substantial evidence review


Correct Option: C
Explanation:

Abuse of discretion review is used when a court is reviewing a decision of an administrative agency. This means that the court will uphold the agency's decision unless it finds that the agency abused its discretion.

What is the difference between de novo review and plenary review?

  1. De novo review is more deferential to the lower court's decision.

  2. Plenary review is more deferential to the lower court's decision.

  3. De novo review is a more limited form of review.

  4. Plenary review is a more limited form of review.


Correct Option: C
Explanation:

De novo review is a more limited form of review than plenary review. This is because de novo review only allows the court to review the record and make its own independent determination of the law, without giving any deference to the lower court's decision. Plenary review, on the other hand, allows the court to review the entire record and make its own independent determination of both the law and the facts.

What is the difference between substantial evidence review and abuse of discretion review?

  1. Substantial evidence review is more deferential to the lower court's decision.

  2. Abuse of discretion review is more deferential to the lower court's decision.

  3. Substantial evidence review is a more limited form of review.

  4. Abuse of discretion review is a more limited form of review.


Correct Option: B
Explanation:

Abuse of discretion review is more deferential to the lower court's decision than substantial evidence review. This is because abuse of discretion review only allows the court to overturn the lower court's decision if it finds that the lower court abused its discretion. Substantial evidence review, on the other hand, allows the court to overturn the lower court's decision if it finds that there is not substantial evidence in the record to support it.

When is de novo review used?

  1. When a court is reviewing a decision of a lower court that involves a question of law.

  2. When a court is reviewing a decision of a lower court that involves a question of fact.

  3. When a court is reviewing a decision of an administrative agency.

  4. When a court is reviewing a decision of a jury.


Correct Option: A
Explanation:

De novo review is used when a court is reviewing a decision of a lower court that involves a question of law. This means that the court will review the record and make its own independent determination of the law, without giving any deference to the lower court's decision.

When is plenary review used?

  1. When a court is reviewing a decision of a lower court that involves a question of law.

  2. When a court is reviewing a decision of a lower court that involves a question of fact.

  3. When a court is reviewing a decision of an administrative agency.

  4. When a court is reviewing a decision of a jury.


Correct Option: A
Explanation:

Plenary review is used when a court is reviewing a decision of a lower court that involves a question of law. This means that the court will review the entire record and make its own independent determination of both the law and the facts.

When is abuse of discretion review used?

  1. When a court is reviewing a decision of a lower court that involves a question of law.

  2. When a court is reviewing a decision of a lower court that involves a question of fact.

  3. When a court is reviewing a decision of an administrative agency.

  4. When a court is reviewing a decision of a jury.


Correct Option: C
Explanation:

Abuse of discretion review is used when a court is reviewing a decision of an administrative agency. This means that the court will uphold the agency's decision unless it finds that the agency abused its discretion.

When is substantial evidence review used?

  1. When a court is reviewing a decision of a lower court that involves a question of law.

  2. When a court is reviewing a decision of a lower court that involves a question of fact.

  3. When a court is reviewing a decision of an administrative agency.

  4. When a court is reviewing a decision of a jury.


Correct Option: B
Explanation:

Substantial evidence review is used when a court is reviewing a decision of a lower court that involves a question of fact. This means that the court will uphold the lower court's decision if there is substantial evidence in the record to support it.

What is the standard of review for a jury verdict?

  1. De novo review

  2. Plenary review

  3. Abuse of discretion review

  4. Substantial evidence review


Correct Option: C
Explanation:

The standard of review for a jury verdict is abuse of discretion review. This means that the court will uphold the jury's verdict unless it finds that the jury abused its discretion.

Which of the following is not a standard of review?

  1. De novo review

  2. Plenary review

  3. Abuse of discretion review

  4. Clearly erroneous review


Correct Option: D
Explanation:

Clearly erroneous review is not a standard of review. It is a term used to describe a court's finding that a lower court's decision was not supported by the evidence.

What is the purpose of standards of review?

  1. To ensure that lower courts and administrative agencies are making correct decisions.

  2. To ensure that lower courts and administrative agencies are following the law.

  3. To ensure that lower courts and administrative agencies are acting fairly.

  4. All of the above.


Correct Option: D
Explanation:

The purpose of standards of review is to ensure that lower courts and administrative agencies are making correct decisions, following the law, and acting fairly.

Which of the following is not a factor that a court will consider when determining the appropriate standard of review?

  1. The nature of the decision being reviewed.

  2. The level of the court making the decision.

  3. The expertise of the decision-maker.

  4. The importance of the issue being decided.


Correct Option: B
Explanation:

The level of the court making the decision is not a factor that a court will consider when determining the appropriate standard of review.

Which of the following is not a type of standard of review?

  1. De novo review

  2. Plenary review

  3. Abuse of discretion review

  4. Substantial evidence review

  5. Harmless error review


Correct Option: E
Explanation:

Harmless error review is not a type of standard of review. It is a doctrine that allows a court to uphold a lower court's decision even if it finds that the lower court made an error, as long as the error was harmless.

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