Civil Procedure Multistate Bar Practice Exam

Which of the following describes the action of affirming a ruling?

1. To overturn a decision

2. To agree with the lower court's decision

3. To dismiss the case entirely

4. To hear the case again

The correct answer is: To agree with the lower court's decision

Affirming a ruling refers to the action taken by a higher court when it agrees with the decision made by a lower court. This means that the higher court finds no reason to change or reverse the decision already made. When the higher court affirms, it essentially validates the reasoning and conclusions of the lower court, establishing that the ruling is final and remains in effect. In contrast, the other options describe actions that do not align with the concept of affirming a ruling. Overturning a decision involves reversing the lower court's ruling, while dismissing the case entirely means terminating the legal action without further consideration. Hearing the case again suggests a retrial or a reevaluation of the evidence and arguments presented, which does not involve simply agreeing with the prior ruling. Therefore, affirming a ruling is accurately captured by the idea of agreeing with the lower court's decision.