5. Appeal Flashcards
Final Judgment Rule
As a general rule, you can appeal only from final judgments. That means an ultimate decision by the trial court of the merits of the entire case.
How does a party file a notice of appeal?
File notice of appeal in trial court within 30 days after entry of final judgment.
To determine if a ruling is a final judgment, ask one question – after making this ruling:
Does the trial court have anything left to do on the merits of the case?
Interlocutory (Non-Final) Review
May be appealable even though not final judgments
Interlocutory orders reviewable as of right:
Orders granting, modifying, refusing preliminary or permanent injunctions.
When the district judge decides questions of law, by what standard does the court of appeals review?
De Novo (on its own, no deference to the district judge)
In a non-jury trial, when the district judge determines questions of fact, the court of appeals will affirm unless:
The findings are clearly erroneous
In a jury trial, when the jury decides questions of fact, the court of appeals will affirm unless:
Reasonable people could not have made that finding
On discretionary matters (e.g., whether to grant a motion to amend pleadings, to allow permissive intervention, case management orders), the court of appeals will affirm unless:
The district court abused its discretion
The content of jury instructions is reviewed de novo. But what about review of the trial judge’s decision whether to give a particular instruction?
Reviewed for abuse of discretion
Not every error (even an error of law) requires reversal on appeal. No reversal is required if:
The error is harmless
