MisconceptionObserved in bank
Judge Findings Are Binding
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Civil Procedure1
Example wrong choices
22823_cedar_harp_restoration · CIVIL_PROCEDURE · Choice ANo, because a bench trial makes the trial judge's fact findings binding regardless of witness credibility.
Why it's attractive
absolute phrase pushes bench-trial deference past the rule
Why it's wrong
absolute phrase pushes bench-trial deference past the rule
22823_cedar_harp_restoration · CIVIL_PROCEDURE · Choice CYes, because the witnesses sharply disagreed about the scope of work promised in the contract.
Why it's attractive
sharp disagreement is not itself the appellate standard
Why it's wrong
sharp disagreement is not itself the appellate standard
22823_cedar_harp_restoration · CIVIL_PROCEDURE · Choice DNo, because Mary did not object to the findings before judgment was entered.
Why it's attractive
invents a required objection that Rule 52(a)(5) rejects
Why it's wrong
invents a required objection that Rule 52(a)(5) rejects
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