Appeal

Question 1

General Rule: you can only appeal from a final judgment, meaning that the trial court has issued an ultimate decision on the merits of the ______ _____

Answer 1

Entire case

Question 2

When can you appeal and with whom?

Answer 2

30 days of judgment IN the trial court.

Question 3

To determine whether a judgment is final, ask whether, after making this ruling . . .

Answer 3

Does the trial court have anything left to do on the merits.

Question 4

Final judgment? Denial of a MSJ?

Answer 4

No

Question 5

Final judgment? Grant of motion for new trial?

Answer 5

No, trial court must hold the new trial

Question 6

FInal judgment? Denial of motion for new trial?

Answer 6

Yes

Question 7

Final judgment? Grant of motion to transfer to another district?

Answer 7

No, case is still pending at trial court.

Question 8

Final judgment? Grant of motion to remand to state court?

Answer 8

Generally no

Question 9

Which interlocutory orders are reviewable as a matter of RIGHT?

Answer 9

Orders granting, modifying, refusing injunctions (prelim or perm)

Question 10

What does the Interlocutory Appeals Act allow?

Answer 10

Appeal of nonfinal order if trial judge certifies that it involves a controlling issue of law . . . as to which there is substantial ground for different of opinion AND the court of appeals agrees to hear it.

Question 11

An appellate court has discretion to hear a ruling on a collateral issue IF it is (3):

Answer 11

Distinct from the merits,

Involves an important legal issue, and

Is essentially unreviewable if parties must await final judgment.

Question 12

When more than one claim is presented in a case, OR where there are multiple parties, the trial court MAY expressly direct entry of a final judgment as to one or more of them IF . . .

Answer 12

It makes an express finding that there is no just reason for delay.

Question 13

P sues D. D files a counterclaim against P. The court enters SJ in favor of D on the first claim. This is not appealable as a final judgment because the CC is still pending. Could the trial court expressly direct final entry on the first claim and allow appeal of that issue now? Explain.

Answer 13

Yes, if the court makes an express finding that there is no just reason for delay.

When more than one claim is presented in a case, OR where there are multiple parties, the trial 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 14

Which court has discretion to review an order granting or denying certification of class action?

Answer 14

Court of Appeals

Question 15

In order to have the Ct of. App. review an order granting or denying class cert, by when must review be sought?

Answer 15

within 14 days of order.

Question 16

When a Ct. of App. reviews an order granting or denying class cert, does the appeal normally stay the proceedings?

Answer 16

No, not unless the Ct of App says so.

Question 17

What is an extraordinary writ (mandamus or prohibition)?

Answer 17

An original proceeding in appellate court to compel the trial judge to make or vacate a particular order.

Question 18

When is an extraordinary writ available?

Answer 18

Only when the lower court is violating a clear legal duty.

Question 19

When the district court decides questions of law, what standard of review for Ct. of App.?

Answer 19

De novo (no deference)

Question 20

Trial judge puts burden of proof on the D. Why does the Ct. of App. review that de novo?

Answer 20

Content of instruction is a question of law.

Question 21

In a non-jury trial, when the district judge determines a question of fact, the court of appeals will affirm unless . . .

Answer 21

The findings are clearly erroneous

Question 22

___ _____ must be given to a trial judge’s opportunity to assess the credibility of witnesses at trial.

Answer 22

Due regard.

Question 23

In a jury trial, when the jury decides questions of fact, the court of appeals will affirm UNLESS . . .

Answer 23

Reasonable people could not have made that finding.

Question 24

For discretionary matters (whether to grant a motion, to allow permissive intervention, case management orders), the court of appeals will apply what standard of review?

Answer 24

Abuse of discretion

Question 25

Suppose the appeal court decides, “I wold have ruled the other way on this, but the DJ was in the ballpark – it’s not goofy. Must if affirm?

Answer 25

Yes, no abuse of discretion.

Question 26

What standard of review for a trial judge’s decision whether to give a particular jury instruction?

Answer 26

Abuse of discretion

Question 27

No reversal is required if an error is . . .

Answer 27

Harmless.