Appeal

Question 1

General rules for who can appeal

Answer 1

1. You have to be some kind of a loser to appeal your case. You can’t appeal because you wanted to win in a different but equal way.
2. SCOTUS has never said you have a right to appeal.

Question 2

USC § 1291

Answer 2

1. All claims must have been resolved with respect to all parties before an appeal to a higher court can be filed, without it the appellate court does not hold jurisdiction.
   i) Exceptions (interlocutory appeals) come under 54 B and 1292

Question 3

USC § 1292

Answer 3

(a) after a court has made any kind of decision on an injunction, you can appeal it.
(b) when a ruling involves a huge controlling question of law. (Cert-worthy) 10 days to file it with the court of appeals.

Question 4

Rule 54 (b)

Answer 4

If there are multiple parties or claims to the litigation you can appeal as soon as at least one piece has been resolved (one claim has been fully resolved)

Question 5

Writ of Mandamus

Answer 5

Not an interlocutory appeal but practically the same, (most of the time a denial of a jury trial) only when a judge has messed up the decision pretty damn bad.

Question 6

USC § 2111

Answer 6

An error that doesn’t impact the outcome of the case, is said to be a harmless error, and the appellate court cannot review it.

Question 7

Reviewing the court below

Answer 7

1. Law
   i) De Novo, trial court always defers to the appellate court and the appellate court gets to decide.
   2. Facts
   i) The appellate court almost never reviews the facts of the case unless clearly erroneous.
   3. Discretionary acts of the trial court
   i) The appellate court will only be able to review discretionary acts, if they were clearly an abuse of discretion.