Appealability and Review Flashcards
Availability of Interlocutory Review
Interlocutory Review
Interlocutory Orders are immediately appealable as of right, including any order granting or modifying an injunction and any order that changes or affects possession of property. Interlocutory appeals just mean that certain rulings can actually be appealed before all the issues are decided in the case.
Final Judgment Rule
Final Judgment Rule
Final Judgment Rule states that ordinarily, appeals are available only from a final judgment and judgment becomes final when entered by clerk on the court docket (i.e., not when announced). The order CANNOT be final unless we have, at a minimum, a way to calculate the damages in the case.
Scope of Review for Judge and Jury
Standards of Review: Abuse of Discretion
Abuse of discretion occurs when the judge makes a decision that goes beyond the reasonable boundaries into an unfair use of their power. The appellate court has to determine that the judge abused his discretion and was clearly wrong.
Scope of Review for Judge and Jury
Standards of Review: Clearly Erroneous
If something is simply not supported by the record, it will be found to be clearly erroneous.
Scope of Review for Judge and Jury
Standards of Review: De Novo
When it comes to issues of pure legal interpretation, the appellate court does not even have to take into consideration what the trial court thought. They can decide in a totally independent, blank slate way if the law was applied correctly in the trial. So the De Novo standard is used to reconsider issues of law as if they are new.
Scope of Review for Judge and Jury
Standards of Review: Harmless Error
Federal courts are forbidden to reverse errors or overturn decisions for errors or defects that do not really affect the substantial rights of the parties. A harmless error is one that does NOT affect the outcome. There must be HARM to set aside a verdict.
