Appeal: Final Judgment, interlocutories, standard of review Flashcards
Supreme court appeal power
Supreme court has the discretion to hear some appeals form state courts and some appeals directly from federal district courts in certain cases.
The Supreme Court may hear on direct appeal any order granting or denying an injunction in any proceeding required to be heard by a three-judge district court panels.
It also may hear by discretionary writ of certiorari final judgments of the highest court of a state
Final judgment rule
Can appeal only from final judgments– an ultimate decision by the trial court on the merits of the entire case.
File notice of appeal in district court within 30 days after entry of final judgment.
a. Determining if something is final judgmetn: Is there anything left to do on the merits of the case? If yes, not a final judgment.
Examples of final judgments– can appeal
iv. Denial of a motion for a new trial—yes final judgment
ii. Deciding assessment of cost/ atty fees—nothing left on merits.
Examples of non-final judgment– cannot appeal
i. Denial motion of SJ—not a final judgment whole case remains.
iii. Grant of a motion for new trial—not a final judgment
v. Grant of a motion to transfer—not a final judgment
vi. Grant of a motion to remand—not final
Things that ARE appealable without waiting to end of trial :
- Interlocutory review: reviewable as of right- preliminary or permanat injunctions. OR interlocutory appeals act (controlling and tough issue of law + immediate decision will allow termination + appeals court agrees to take it)
- Collateral order exceptions: things that if we let trial happen are essentially unreviewable
- Things ct grants final judgment on even if part is pending to allow appeal.
Clas action cert (14 days)
Extraordinary writ (violation of clear legal duty)
Interlocutory review
Exception to final judgment rule: Certain interlocutory orders can also be reviewed, even though non-final
a. Reviewable as of right—orders about preliminary or permanent injunctions
b. Interlocutory appeals act: allows appeal of non-final order if (controlling and tough issue of law + immediate decision will allow termination + appeals court agrees to take it)
i. District judge certifies that it involves a controlling issue of law
ii. As to which substantial grounds of difference of opinion
iii. And immediate appeal from the order may materially advance the ultimate termination of the litigation
iv. Court of appeal agrees to hear it
Interlocutory review, collateral order exception
Appellate court has discretion to hear ruling on an issue if that issue:
i. Is distinct from the merits of the case
ii. Involves an important legal question
iii. Is essentially unreviewable if parties must await final judgment
iv. For ex. : The Eleventh Amendment provides that states and “arms of states” are immune from suit in federal court.P sues SHD, which claims it is an “arm of the State” and thus immune from suit. District court rejects the argument and orders SHD to litigate. Can SHD try to appeal this ruling as a collateral order?
1. Yes b/c
a. Distinct from merits
b. Important legal question
c. Is essentially unreviewable if parties must await final judgment b/c immunity from suit is lost if the department has to wait until final judgment
If there is more than one claim or more than one marty, may the district court expressly direct final judgment to one or more of them if it makes an express finding there is no reason for delay, so they can go forth and appeal
Yes
For ex. First claim receives summary judgment. Not appealable because a counterclaim is still pending. The district court can direct entry of a final judgment on the first claim and allow appeal if it expressly finds there is no just reason for delay
Clas action grant or denial of certification appeal
e. Class action: Court of appeals has discretion to review an order granting or denying certification of class action. Must seek review at the court of appeals within 14 days of order.
Extraordinary writ
f. Extraordinary writ (mandamus or prohibition) original proceeding in the appeals court to compel district judge to make or vacate a particular order. Not a substitute for appeal. Available if lower court is violating clear legal duty.
Standard of review by court of appeal if lower judge is deciding a question of law
de novo review. No deference to district judge.
i. for ex. district judge gave jury instruction with wrong burden of proof.
ii. content of jury instruction is a question of law.
Standard of review by court of appeal if lower court had a bench trial and the judge determined a question of fact
appeals court will affirm unless the findings are clearly erroneous → we do defer, the lower judge is the one who heard the evidence.
Standard of review by court of appeal where jury decides a question of fact
, the appeals court will affirm unless reasonable people couldn’t have made that finding. very deferential.
Standard of review by court of appeal on discretionary matters
(for ex whether to grant a motion to amend pleadings, to allow permissive intervention, case management orders) the appeals court will affirm unless the district court abused its discretion → give them benefit of the doubt, make sure it’s not goofy and in the ballpark.
i. what about review of whether or not to give a jury instruction (not the CONTENT) → this is reviewed for abuse of discretion.
Summary of standards of review from least to most deferential
- if lower court decided question of law: de novo. higher court is more authoritative on what the law is.
- If lower court had a bench trial and judge determined a question of fact: clearly erroneous standard. appeal unless findings are clearly erroneous. Defer, judge was firsthand and only trier of fact.
- standard of review if lower court decides a discretionary matter: affirm unless abuse of discretion
- standard of review if the jury decides a question of fact: overturn if reasonable people couldn’t have made that finding. more deferential to jury than to judge.
