Appealability & Review

Question 1

Appellate review is authorized for an interlocutory order that:

Answer 1

1. conclusively determines the disputed question
2. resolves an important issue completely separate from the merits of the action; and
3. is effectively unreviewable on appeal from a final judgement

***federal courts have jdxn over appeals from an interlocutory order that grants, denies, continues, modifies, or dissolves an injunction unless a similar suit is pending in state court

Question 2

Final judgement Rule

Answer 2

generally, only final judgments may be taken to appellate courts

Question 3

conclusion of law are generally reviewed…

Answer 3

de novo (non-deferential review)

Question 4

factual findings are disturbed only if…

Answer 4

they are clearly erroneous

Question 5

Non factual and non law determinations are affirmed unless…

Answer 5

there is an abuse of discretion