5 - Appellate review

Question 1

final judgment rule

Answer 1

Can only appeal from final judgments

File notice of appeal in district court within 30 days after entry of final judgment

Question 2

final judgment

Answer 2

final judgment - an ultimate decision by the trial court of the merits of the ENTIRE CASE.
Ask: Does the trial court have anything left to do on the merits of the case?

Question 3

interlocutory review

Answer 3

Can appeal even though not final judgment

Question 4

interlocutory orders reviewable as of right

Answer 4

orders granting, modifying or refusing preliminary or permanent injunctions

Question 5

Interlocutory Appeals Act

Answer 5

Allows appeal of nonfinal order if

a) trial judge certifies that it involves a controlling issue of law
b) as to which there is substantial ground for difference of opinion, AND
c) court of appeals agrees to hear it.

Question 6

interlocutory review

collateral order exception

Answer 6

Appellate court has DISCRETION to hear ruling on an issue if it:

a) is distinct from the merits of the case,
b) involves an important legal question, and
c) is essentially unreviewable if parties must await a final judgment

Question 7

interlocutory review

multiple claims or parties

Answer 7

When more than 1 claim is presented in a case or when there are multiple parties, the district court may expressly direct entry of a final judgment as to one or more of them IF it makes an express finding that there is no just reason for delay.

Question 8

interlocutory review
class action

Answer 8

Court of appeals has discretion to review an order granting or denying certification of class action.
Must seek review at the court of appeals within 14 days of order.
Appeal here does not stay the proceedings at district court UNLESS the court of appeals or district court says so.

Question 9

standard of review

district judge decides questions of law

Answer 9

When the district judge decides questions of LAW, the court of appeal reviews de novo (no deference to the lower court)

Question 10

standard of review

district judge decides questions of fact (bench trial)

Answer 10

When the district judge decides questions of fact in a bench trial, the court of appeals will affirm unless the findings are clearly erroneous.

Question 11

standard of review

jury decides questions of fact (jury trial)

Answer 11

When the jury decides questions of fact in a jury trial, the court of appeals will affirm unless reasonable people could not have made that finding.

Question 12

standard of review

discretionary matters

Answer 12

On discretionary matters, the court of appeals will affirm unless the district court abused its discretion.

Question 13

standard of review

harmless error

Answer 13

Not every error requires reversal on appeal, even an error of law. No reversal is required if the error is harmless.