10) appeals + preclusion Flashcards
appeals: kinds that fed circuit courts can here
review of:
1) final judgment
2) order re preliminary injunctive relief
3) order pertaining to certification of a class
4) order that has been certified by district court
5) collateral order
(these are the only kinds of interlocutory)
appeals: kinds: final judgment: def
judicial act that disposes of the entire case
appeals: kinds: final judgment: “partial final judgment”
court can issue final judgment on one claim but not others
result: party can appeal the claim taht judgment was entered on
appeals: kinds: class certification: rule
appellate court has discretion to decide whether or not to allow this kind of appeal
appeals: kinds: certified order: rule
party may immediately appeal an order that district court has “certified” for appeal
appeals: kinds: certified order: when do courts certify – elements
(all 3)
1) order involves controlling q of law
2) issue is one w substantial difference of opinion
3) immediate appeal will materially advance the litigation
appeals: kinds: collateral order: elemtns
can appeal if (all):
1) order pertains to matter unrelated to the merits
2) order conclusively decides particular issue
3) effectively unreviewable (delaying appeal until final judgment would effectively deny appellate review)
standard of review: questions of law
de novo
standard of review: questions of fact
clearly erroneous (ie rarely overturn)
standard of review: inherently discretionary qs
abuse of discretion
appeals: harmless error!
appellate court may affirm lower court decision if error did not affect the result (harmless)
appeals: waiver!
can’t seek relief on appeal if had opportunity to challenge decision at time lower court made it and didn’t do so –> waived opportunity to appeal
appeal: dl
w/in 30 days of the judgment (or order the appeal is about)
appeal: dl: exception
class certification = 14 days!
appeal: dl: post-trial mxns
new 30 day period starts when post trial mxn denied [if granted, no fianl judgment]
preclusion: kinds
1) claim
2) issue
claim preclusion: aka
res judicata
claim preclusion: elements
can’t litigate claim if (all 3):
1) same parties, on same sides of v
2) same transaction or occurrence
3) valid final judgment on the merits
claim preclusion: “valid final judgment on the merits” def
valid: (court had pj over D)
final judgment: court order resolving entire case in favor of one party
“on the merits”: involved inquiry into merits
claim preclusion “valid final judgment on the merits”: examples re merits
NOT:
dismissal lack pj
dismissal lack smj
“ venue
YES:
all the things you’d expect
default judgment
dismissal w prejudice
preclusion :rship to compulsory counterclaim rule
counterlcaim rule is a subset–broader preclusion principles can still operate
issue preclusion: aka
collateral estoppel
issue preclusion: def
bars re-litigating issues (even in cases not involving same parties). Issue = narrower than a claim
claim preclusion: def
bars re-litigation of claims btwn same parties
issue preclusion: elements
precluded if (all):
1) has been litigated in prior suit
2) issue was essential to judgment
3) prior suit ended in valid final judgment on merits
4) party against whom preclusion is asserted must have had full, fair opportunity + incentive to litigate in first suit
issue preclusion: elements: litigated in prior suit
not enough if stipulated to be true or implicitly decided
issue preclusion: elements: essential to judgment (def)
merits issue that, if decided opposite way, would’ve changed outcome of the case
issue preclusion: elements: valid final judgment on the merits (rule)
same as analysis for claim preclusion
issue preclusion: elements: full + fair opportunity
usu means was party to first suit tho not nec
party might avoid issue preclusion if lacked incentive to litigate (esp in offensive preclusion – if D couldn’t have reasonably known about ohter Ps waiting in wings, court will hold dnh incentive to vigorously defend itself)
can you lose diversity in the iddle of the case?
not bc someone moved
but YES if add or dismiss parties later
spl verdicts + preclusion: rship
tho not required, spl verdicts can be helpful evidence of what issues were decided/etc
