Appeal Flashcards
When do you have to file an appeal?
Within 30 days of judgment
Do you have to make objections in order to appeal?
Yes, if you know during a trial there are things you will want to appeal, you must make objections during the trial or they are waived
What is the standard we will use for facts in an appeal?
We will look for clearly erroneous applications of the facts
what standard will we use for the law in an appeal?
If the issue is over the law, we will use De Novo review standard
What appeal review standard will we use if it’s about something the judge did?
Abuse of discretion
What is the harmless error rule?
to set aside an original verdict the errors must have made a difference in the outcome
Are there any exceptions to having to wait until after a judgement to appeal?
Yes, Collateral Order Exception
What is the collateral issue exception?
When an issue is unresolved, it still may be appealed if the order determines a right that is collateral to the main issue
Elements to collateral estoppel?
- the order conclusively determines the disputed issue
- it resolves an issue that is separate from the merits of the action
- any delay would cause incurable damage
If you have one claim in a multi claim suit and one claim is resolved?
If you have one claim in a multi claim suit and one claim is resolved, the judge issues a final judgment on that one issue you may appeal that one issue.
Injunction appeals?
appeals of injunctions are allowed
Orders about a new trial?
Immediately appealable
