Appealability and Review + Law Applied by Federal Courts (Erie) Flashcards
appeals: notice of appeal - when to file?
Filed within 30 days of judgment
grounds for an appeal reqs
1)Objections made at trial
2)Must state grounds
3)Waived if not preserved
Appellate Court:
*Generally reviews issues of LAW
*Deference to trial court for FACTS
Appealing Errors:
Appealing Errors:
*Outcome would have been DIFFERENT
*No appeal if error was HARMLESS
Final Judgments:
Final Judgments:
*Only FINAL JUDGMENTS may be appealed
Interlocutory Order:
Interlocutory Order:
*Order given before final judgment
*Generally, NOT appealable
Collateral Order Exception:
Collateral Order Exception:
1) Conclusively determines disputed
question
2)Resolves important issue separate from
merits
3)Delay would cause irreparable damage
Not Appealable:
Not Appealable:
*Lack of Jurisdiction
*Improper Venue
*Failure to Join an Indispensable Party
Multiple Claims:
Multiple Claims:
*One resolved claim is NOT a final judgment
*Unless the court finds “no reason to delay”
Denial of Summary Judgment:
Denial of Summary Judgment:
*Not appealable until after trial
Order for New Trial
Order for New Trial:
*Not appealable
Partial Final Judgment:
Partial Final Judgment:
*Not preferred to avoid piecemeal appeals
Appealable:
Appealable:
*Grant/Denial Injunctions
*Certification/Denial of Class Action
What are the standards of review?
- de novo
- abuse of discretion
- clearly erroneous
De Novo:
De Novo:
*Issues of Law
