Appealability, Review, and Preclusion Flashcards
How may a judge state his judgement?
Either on the record or in an opinion or memorandum.
After an appeal has been docketed, how may the district court correct a mistake?
Only with the appellate court’s leave.
What is the deadline to file a notice of appeal?
Within 30 days after the entry of a final judgement.
Define interlocutory appeal and review its factors.
It is an appeal that is taken when no final judgment has been entered.
It is discretionary and available when
1. the controlling question of law yields to a difference of opinion, and appeal may advance end of the litigation
2. the court of appeals agrees to allow the appeal
Define the collateral order doctrine.
A claim or issue may be immediately appealable if it is too important to wait until the final judgment.
Requires three things:
1. Lower court must have conclusively determined the disputed question
2. the issue must be separate from and collateral to the merits of the main issue of the case AND
3. the issue must be effectively unreviewable on an appeal from the final judgment.
Define abuse of discretion review.
A district court’s discretionary decisions are reviewed for abuse of discretion (creation of jury instructions).
Standard of review for discretionary findings by the trial court.
Define de novo review.
Conclusions of law (content of jury instructions) are reviewed de novo.
Used when an appeal is based on a question about how the trial court interpreted or applied the law.
What are the elements of claim preclusion?
A valid** final judgment** on the merits precludes identical parties from** relitigating identical claims. **
Claims are identical if they (1) could have been raised in the first action and (2) arise from the same transaction or occurrence.
Claim preclusion bars a claim that what?
SHOULD HAVE been asserted in a prior action.
