Preservation of Error

Description: This quiz will test your knowledge on the concept of Preservation of Error in Appellate Law.
Number of Questions: 15
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Tags: appellate law preservation of error
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What is the general rule regarding preservation of error in appellate law?

  1. Errors not properly preserved in the trial court cannot be raised on appeal.

  2. Errors are automatically preserved for appeal.

  3. Errors can be preserved by filing a notice of appeal.

  4. Errors can be preserved by objecting to the error at trial.


Correct Option: A
Explanation:

The general rule is that errors not properly preserved in the trial court cannot be raised on appeal. This means that the appellant must take steps to bring the error to the attention of the trial court and give the trial court an opportunity to correct the error.

What are the most common ways to preserve error for appellate review?

  1. Filing a motion for a new trial

  2. Objecting to the error at trial

  3. Including the error in the notice of appeal

  4. All of the above


Correct Option: D
Explanation:

The most common ways to preserve error for appellate review are filing a motion for a new trial, objecting to the error at trial, and including the error in the notice of appeal.

What is the purpose of the objection rule?

  1. To give the trial court an opportunity to correct the error

  2. To allow the appellant to argue the error on appeal

  3. To prevent the error from being waived

  4. All of the above


Correct Option: D
Explanation:

The purpose of the objection rule is to give the trial court an opportunity to correct the error, to allow the appellant to argue the error on appeal, and to prevent the error from being waived.

What are the requirements for a proper objection?

  1. It must be specific

  2. It must be timely

  3. It must be made on the record

  4. All of the above


Correct Option: D
Explanation:

The requirements for a proper objection are that it must be specific, timely, and made on the record.

What is the difference between a general objection and a specific objection?

  1. A general objection challenges the entire ruling of the trial court, while a specific objection challenges only a specific part of the ruling.

  2. A general objection is more likely to be sustained on appeal than a specific objection.

  3. A general objection is less likely to waive the error than a specific objection.

  4. None of the above


Correct Option: A
Explanation:

A general objection challenges the entire ruling of the trial court, while a specific objection challenges only a specific part of the ruling.

What is the effect of failing to object to an error at trial?

  1. The error is waived and cannot be raised on appeal.

  2. The error is preserved for appellate review.

  3. The error is subject to harmless error analysis.

  4. None of the above


Correct Option: A
Explanation:

The effect of failing to object to an error at trial is that the error is waived and cannot be raised on appeal.

What is harmless error?

  1. An error that does not affect the outcome of the case.

  2. An error that is not preserved for appellate review.

  3. An error that is waived by the appellant.

  4. None of the above


Correct Option: A
Explanation:

Harmless error is an error that does not affect the outcome of the case.

What is the standard of review for harmless error?

  1. The error must be more likely than not to have affected the outcome of the case.

  2. The error must have a substantial and injurious effect on the appellant.

  3. The error must be plain error.

  4. None of the above


Correct Option: A
Explanation:

The standard of review for harmless error is that the error must be more likely than not to have affected the outcome of the case.

What is plain error?

  1. An error that is obvious and affects the substantial rights of the appellant.

  2. An error that is preserved for appellate review.

  3. An error that is waived by the appellant.

  4. None of the above


Correct Option: A
Explanation:

Plain error is an error that is obvious and affects the substantial rights of the appellant.

What are the consequences of plain error?

  1. The error can be raised on appeal even if it was not preserved.

  2. The error is subject to harmless error analysis.

  3. The error is automatically reversible.

  4. None of the above


Correct Option: A
Explanation:

The consequences of plain error are that the error can be raised on appeal even if it was not preserved.

What is the difference between a motion for a new trial and a motion for judgment notwithstanding the verdict?

  1. A motion for a new trial asks the trial court to set aside the verdict and order a new trial, while a motion for judgment notwithstanding the verdict asks the trial court to enter judgment for the moving party despite the verdict.

  2. A motion for a new trial is more likely to be granted than a motion for judgment notwithstanding the verdict.

  3. A motion for a new trial is subject to harmless error analysis, while a motion for judgment notwithstanding the verdict is not.

  4. None of the above


Correct Option: A
Explanation:

A motion for a new trial asks the trial court to set aside the verdict and order a new trial, while a motion for judgment notwithstanding the verdict asks the trial court to enter judgment for the moving party despite the verdict.

What are the grounds for a motion for a new trial?

  1. Errors of law

  2. Errors of fact

  3. Newly discovered evidence

  4. All of the above


Correct Option: D
Explanation:

The grounds for a motion for a new trial are errors of law, errors of fact, and newly discovered evidence.

What are the grounds for a motion for judgment notwithstanding the verdict?

  1. The evidence is insufficient to support the verdict

  2. The verdict is against the weight of the evidence

  3. There is a legal error in the instructions to the jury

  4. All of the above


Correct Option: D
Explanation:

The grounds for a motion for judgment notwithstanding the verdict are that the evidence is insufficient to support the verdict, the verdict is against the weight of the evidence, and there is a legal error in the instructions to the jury.

What is the standard of review for a motion for a new trial?

  1. Abuse of discretion

  2. De novo review

  3. Plain error

  4. None of the above


Correct Option: A
Explanation:

The standard of review for a motion for a new trial is abuse of discretion.

What is the standard of review for a motion for judgment notwithstanding the verdict?

  1. De novo review

  2. Plain error

  3. Abuse of discretion

  4. None of the above


Correct Option: A
Explanation:

The standard of review for a motion for judgment notwithstanding the verdict is de novo review.

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