Appealability and Erie

Question 1

Notice of Appeal - Time

Answer 1

30 days

Question 2

Grounds for Appeal

Answer 2

Objections made at trial
Must state grounds
Waived if not preserved

Question 3

Collateral Order Doctrine

Answer 3

Conclusively determines disputed QUESTION
Important issue seperate from merits
Delay would cause irreparable damage

Question 4

Not Appealable

Answer 4

Lack of Jurisdiction
Improper Venue
Failure to Join an Indispensable Party

Question 5

Is Order for New Trial Appealable?

Answer 5

No

Question 6

What is appealable?

Answer 6

Injunction
Class certification
Final Judgment

Question 7

Standards of Review

Answer 7

De Novo
- Questions of law

Abuse of Discretion
- Trial Court Errors

Clearly Erroneous
- Issues of Fact

Question 8

Erie

Answer 8

Applies to Diversity Case

Federal v. State Law
-State Substantive
- Federal Procedure

Venue
-Procedural

State of Limitations
- Substantive

State A v. State B
- Apply law of the state where court sits

Question 9

TRO

Answer 9

No Prior Notice
Immediate Irreparable Harm
No longer than 14 days

Question 10

Preliminary Injunction

Answer 10

Notice and Hearing
Irreparable Harm
Likely to succeed on the merits
Harm to moving party outweighs harm to other party