7. Appealability And Review Flashcards
What are interlocutory orders?
Orders asserting provisional relief or made upon motion during the trial, but NOT final adjudications on the merits.
Can interlocutory orders be reviewed before final judgment?
Generally, they may NOT be reviewed before final judgment with limited exceptions.
What is the Collateral Order Doctrine?
Appellate review is authorized for an interlocutory order that conclusively determines a disputed question, resolves an important issue completely separate from the merits, and is effectively unreviewable on appeal from a final judgment.
Name three examples of orders that may be considered effectively unreviewable.
- Orders denying qualified immunity
- Orders rejecting claims of privilege
- Orders denying motions to dismiss on double jeopardy grounds
What is the rule regarding injunctive relief in relation to interlocutory orders?
Federal courts have SMJ over appeals from interlocutory orders that grant, deny, continue, modify, or dissolve an injunction.
When are interlocutory orders for injunctive relief NOT appealable?
If a similar suit is pending in state court.
What are the criteria for certifying an interlocutory order for appeal?
- The order involves a controlling question of law with substantial ground for difference of opinion
- An immediate appeal may materially advance the termination of litigation.
What must a party do after a trial court certifies an order for appeal?
Apply to the federal court of appeals, which has discretion to grant or deny the application.
What is the rule regarding multi-claim or multi-party judgments?
A trial judge may direct the entry of a final judgment on at least one claim when there is no reason to delay judgment on that claim until the entire case is resolved.
Under Rule 54(b), when will a court NOT enter a final judgment?
When there is an overlap between resolved and unresolved claims.
What is the Final Judgment Rule?
A final judgment disposes of all issues as to all parties and the entire case.
What is a partial final judgment?
A final judgment on one claim but not others, allowing a party to appeal that claim.
What are questions of law in appellate review?
When an appellant claims a lower court made an error in its assessment of the law, reviewed de novo.
What are questions of fact in appellate review?
Claims that a lower court made a mistake on a factual matter, which are affirmed unless clearly erroneous.
What standard applies to inherently discretionary questions in appellate review?
The abuse of discretion standard applies.
