10) appeals + preclusion

Question 1

appeals: kinds that fed circuit courts can here

Answer 1

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)

Question 2

appeals: kinds: final judgment: def

Answer 2

judicial act that disposes of the entire case

Question 3

appeals: kinds: final judgment: “partial final judgment”

Answer 3

court can issue final judgment on one claim but not others

result: party can appeal the claim taht judgment was entered on

Question 4

appeals: kinds: class certification: rule

Answer 4

appellate court has discretion to decide whether or not to allow this kind of appeal

Question 5

appeals: kinds: certified order: rule

Answer 5

party may immediately appeal an order that district court has “certified” for appeal

Question 6

appeals: kinds: certified order: when do courts certify – elements

Answer 6

(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

Question 7

appeals: kinds: collateral order: elemtns

Answer 7

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)

Question 8

standard of review: questions of law

Answer 8

de novo

Question 9

standard of review: questions of fact

Answer 9

clearly erroneous (ie rarely overturn)

Question 10

standard of review: inherently discretionary qs

Answer 10

abuse of discretion

Question 11

appeals: harmless error!

Answer 11

appellate court may affirm lower court decision if error did not affect the result (harmless)

Question 12

appeals: waiver!

Answer 12

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

Question 13

appeal: dl

Answer 13

w/in 30 days of the judgment (or order the appeal is about)

Question 14

appeal: dl: exception

Answer 14

class certification = 14 days!

Question 15

appeal: dl: post-trial mxns

Answer 15

new 30 day period starts when post trial mxn denied [if granted, no fianl judgment]

Question 16

preclusion: kinds

Answer 16

1) claim

2) issue

Question 17

claim preclusion: aka

Answer 17

res judicata

Question 18

claim preclusion: elements

Answer 18

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

Question 19

claim preclusion: “valid final judgment on the merits” def

Answer 19

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

Question 20

claim preclusion “valid final judgment on the merits”: examples re merits

Answer 20

NOT:
dismissal lack pj
dismissal lack smj
“ venue

YES:
all the things you’d expect
default judgment
dismissal w prejudice

Question 21

preclusion :rship to compulsory counterclaim rule

Answer 21

counterlcaim rule is a subset–broader preclusion principles can still operate

Question 22

issue preclusion: aka

Answer 22

collateral estoppel

Question 23

issue preclusion: def

Answer 23

bars re-litigating issues (even in cases not involving same parties). Issue = narrower than a claim

Question 24

claim preclusion: def

Answer 24

bars re-litigation of claims btwn same parties

Question 25

issue preclusion: elements

Answer 25

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

Question 26

issue preclusion: elements: litigated in prior suit

Answer 26

not enough if stipulated to be true or implicitly decided

Question 27

issue preclusion: elements: essential to judgment (def)

Answer 27

merits issue that, if decided opposite way, would’ve changed outcome of the case

Question 28

issue preclusion: elements: valid final judgment on the merits (rule)

Answer 28

same as analysis for claim preclusion

Question 29

issue preclusion: elements: full + fair opportunity

Answer 29

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)

Question 30

can you lose diversity in the iddle of the case?

Answer 30

not bc someone moved

but YES if add or dismiss parties later

Question 31

spl verdicts + preclusion: rship

Answer 31

tho not required, spl verdicts can be helpful evidence of what issues were decided/etc