Standard of Review

1
Standard of Review Facts on Appeal
2
Trial Court Grants 12(b)(6) Motion to Dismiss

• What is the standard for the trial court to grant
  the motion?
• What is the standard of review for the appellate
  court?
• What facts must the appellate court assume to
  be true in applying that standard?

3
Trial Court Grants 12(b)(6) Motion to Dismiss

• In reviewing a motion to dismiss, the court
• accepts all the facts pleaded in the complaint as
  true and
• views those allegations in the light most
  favorable to the plaintiff.

4
Trial Court Grants Motion for Judgment on the
Pleadings

• What is the standard for the trial court to grant
  the motion?
• What is the standard of review for the appellate
  court?
• What facts must the appellate court assume to
  be true in applying that standard?

5
Trial Court Grants Motion for Summary Judgment

• What is the standard for the trial court to grant
  the motion?
• What is the standard of review for the appellate
  court?
• What facts must the appellate court assume to
  be true in applying that standard?

6
Trial Court Grants Directed Verdict (or JNOV)

• What is the standard for the trial court to grant
  the motion?
• What is the standard of review for the appellate
  court?
• What facts must the appellate court assume to
  be true in applying that standard?

7
Trial Court Refuses to Grant Directed Verdict
(or JNOV)

• What does the appellate court review when the
  verdict loser challenges the sufficiency of the
  evidence?

• What is the standard for the trial court to deny
  the motion?
• What is the standard of review for the appellate
  court?
• What facts must the appellate court assume to
  be true in applying that standard?

8
Trial Court Overrules Objection to a Jury
Instruction

• What is the standard for the trial court to
  overrule the objection?
• What is the standard of review for the appellate
  court?
• What facts must the appellate court assume to
  be true in applying that standard?

9
Trial Court Grants Motion to Dismiss for Lack
of Subject Matter Jurisdiction

• What is the standard for the trial court to grant
  the motion?
• What is the standard of review for the appellate
  court?
• What facts must the appellate court assume to
  be true in applying that standard?

10
Trial Court Grants Motion to Dismiss for Lack
of Personal Jurisdiction

• What is the standard for the trial court to grant
  the motion?
• What is the standard of review for the appellate
  court?
• What facts must the appellate court assume to
  be true in applying that standard?