Under the rule on plain error, a court may take notice of plain error affecting a substantial right even if the claim of error was not properly preserved. Which statement best captures when this may occur?

• A. Only if the error was properly preserved
• B. Only on appeal
• C. If the court determines the error is plain and affects a substantial right
• D. Only if the court chooses to ignore the error

Answer: (C)

Plain error review lets a court correct a trial mistake even if it wasn’t properly preserved, but only if two things are true: the error is plain (clear or obvious under the law) and it affects a substantial right. That combination is what the best statement captures: the court may notice the error if it is plain and it affects a substantial right. Preservation isn’t the gatekeeper here, which is why option stating preservation is incorrect. The process typically occurs on appeal, but the key requirement is the combination of plainness and impact on substantial rights, not merely the timing. The option suggesting the court can ignore the error is incorrect because once those conditions are met, the court is allowed to correct it.