Civil Procedure Multistate Bar Practice Exam

What must be shown for an appeal on a clearly erroneous ruling?

1. Unanimous jury agreement

2. Clear evidence to the contrary

3. A reasonable person could not find the same

4. Substantial new evidence

The correct answer is: A reasonable person could not find the same

To successfully appeal a ruling based on it being "clearly erroneous," it must be demonstrated that a reasonable person could not reach the same conclusion as the original court. This standard recognizes the deference appellate courts give to the findings of fact made by lower courts, especially those made by judges or juries who have the opportunity to assess credibility and weigh evidence directly. In the context of this question, a finding is "clearly erroneous" when the appellate court, upon reviewing the entire record, is left with the definite and firm conviction that a mistake has been made. Thus, the standard requires that the appellant show that the factual findings were unreasonable or unjustifiable based on the evidence presented at trial. The other options do not accurately represent what is necessary to establish a clear error. For example, unanimous jury agreement refers to jury verdicts rather than appealing fact-findings; clear evidence to the contrary and substantial new evidence involve procedural standards that do not apply specifically to the standard of "clearly erroneous." Therefore, demonstrating that a reasonable person could not arrive at the same conclusion is the correct articulation of the requirements for a successful appeal on a clearly erroneous ruling.