Appeal and preclusion

Question 1

Final Judgment rule

Answer 1

generally, can only appeal final judgments

Ask whether the TC has anything left to do on the merits of the case. If yes, it is not final judgment

Ex: denial of a motion for summary judgment, granting motion for new trial, granting motion for transfer, or granting a motion to remand is not final

Ex: denying motion for new trial is final

Question 2

Timing of appeal

Answer 2

Notice of an appeal must be filed in the trial court within 30 DAYS after entry of judgment

Question 3

Interlocutory Review definition

Answer 3

Stuff that is appealable even if not a final judgment

Question 4

Interlocutory orders as of right

Answer 4

INJUNCTIONS, appointments of receivers, and some admiralty, patent, and property possession cases

Question 5

Interlocutory appeals act

Answer 5

Allows discretionary appeal when (1) trial judge CERTIFIES that it involves a controlling issue of law; (2) there is substantial ground for difference of opinion on the issue; and (3) the court of appeals agrees to allow the appeal

Need both TC and CoA

Question 6

Collateral Appeals Exception

Answer 6

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

(1) is distinct from the merits of the case; (2) involves an important legal question; and (3) is essentially unreviewable if parties must await final judgment

Ex: whether someone has immunity from suit under 11th Amendment

Question 7

Class Action certification

Answer 7

CoA has discretion (not a right) to review an order granting or denying class action

Must be within 14 DAYS of certification

Question 8

Extraordinary Writ

Answer 8

In EXCEPTIONAL CASES, final judgment rule may be ignored if lower court is violating a clear legal duty

Question 9

Standard of Review by appellate court for questions of law

Answer 9

De Novo – no deference to the district judge

Question 10

Standard of review by appellate court for questions of fact

Answer 10

Non-jury trial: court of appeals will affirm unless the findings are CLEARLY ERRONEOUS

Jury trial: court of appeals will affirm unless a reasonable jury could not have made that finding

Question 11

Standard of review by appellate courts for discretionary matters

Answer 11

Court of appeals will affirm unless the district court absued its discretion

need more than mere uncertainty.

Question 12

Res Judicata

Answer 12

requirements:
(1) both cases were brought by the SAME CLAIMANT against the SAME DEFENDANT (same P v. Same D);
(2) Case 1 ended in a valid final judgment ON THE MERITS (not J*, venue, or indispensable parties);
(3) Both cases assert the same claim (Majority requires same transaction or occurrence; minority recognizes separate claims for PROPERTY damage and PERSONAL injuries b/c different rights)

Question 13

Issue Preclusion (Collateral Estoppel)

Answer 13

Requirements:

(1) valid, final judgment on the merits (not J*, venue, or indispensable parties)
(2) same issue was ACTUALLY LITIGATED and determined in case 1; and
(3) the issue was ESSENTIAL to the judgment in Case 1 (the determination is the basis of the judgment)

Issue preclusion may be asserted against somebody who was a party in Case 1, or represented by a party in Case 1

Issue preclusion may also be used by someone who was a party to Case 1

Question 14

Nonmutual defensive issue preclusion

Answer 14

P is estopped from asserting a claim that P had previously litigated and LOST against another D

So long as test is met and P had a full and fair opportunity to litigate in the prior proceeding

Question 15

nonmutual offensive issue preclusion

Answer 15

When P is seeking to estop a D from re-litigating the issues which the D previously litigated and lost against another P

Up to discretion of court, based on following factors:

(1) D had full and fair opportunity to litigate in Case 1; (2) D had incentive to litigate STRONGLY in case 1; (3) P could not have easily been joined in Case 1; and (4) there are no inconsistent findings on this issue in prior proceedings