Appealability And Review & Law Applied By Federal Courts (Erie)

Question 1

1) Notice of Appeals

Answer 1

(a) Filed within 30 Days of judgment

Question 2

2) Grounds for Appeal

Answer 2

(a) Objections made at trial
(i) Must have been preserved
(b) Must state grounds
(c) Waive if not preserved

Question 3

3) Appellate Court

Answer 3

(a) Generally Reviews issues of LAW
(b) Deference to trial court for FACTS

Question 4

4) Appealing Errors

Answer 4

(a) Outcome would have been DIFFERENT
(b) No Appeal if error was HJARMLESS

Question 5

5) Final Judgments

Answer 5

(a) FINAL JUDGMENTS may be appealed

Question 6

6) Interlocutory Order

Answer 6

(a) Order given before final judgment
(b) Generally NOT Appealable
(i) Collateral Order Exception
(i) Conclusively determines disputed question
(ii) Resolved important issue separate from merits
(iii) Delay would cause irreparable damage

Question 7

7) Not Appealable

Answer 7

(a) Lack of Jurisdiction
(b) Improper venue
(c) Failure to join indispensable party

Question 8

B) Standards of Review

Answer 8

1) De Novo
(a) Issues of Law
2) Abuse of Discretion
(a) Court Errors
(b) Relevancy
(c) Prejudice
(d) Admissibility
3) Clearly Erroneous
(a) Issues of Fact

Question 9

1) Erie Doctrine

Answer 9

(a) Choice of Law
(b) Applies to DIVERSITY cases

Question 10

State law

Answer 10

(a) Apply State Substantive Law + SoL

Question 11

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