Appealability and Review & Law Applied by Federal Courts Flashcards
Notice of Appeal
has to occur within 30 days of judgment
Grounds for Appeal
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
Outcome would have been DIFFERENT
NO appeal if error was HARMLESS
Final Judgments
only FINAL JUDGMENTS may be appealed
Interlocutory Order
- Order given before final judgment
- Generally NOT appealable
Collateral Order Exception to Interlocutory Order
- Conclusively determines disputed question
- Resolves important issue separate from merits
- Delay would cause irreparable damage
Not Appealable
- Lack of Jurisdiction
- Improper Venue
- Failure to Join an Indispensable Party
Can the judge issue a partial final judgment?
Generally no. It’s not preferred because they want to avoid piecemeal appeals
What are instances where you can appeal?
- granting or denying injunctions
- certification or denial of a class action
Multiple Claims appealable?
- one resolved claim is NOT a final judgment
- UNLESS the court finds no reason to delay
Denial of Summary Judgment appealable?
NOT appealable until after trial
Order for new trial appealable?
No
Standards of Review
cases are now being reviewed for appeal. what should be the standard of review
De Novo
Issues of Law (appeal is on issue of law)
