appeals Flashcards
the appeal conerns a legal issue such as conclusion of law or jury instructions
de novo
when could an appeal on a legal issue be reversed?
reasonable belief judge misinterpreted law
the appeals concerns a fact issue in a bench trial
high deference
when would a judge’s finding of fact in a bench trial be reversed?
clearly erroneous
the appeals concerns a fact issue in a jury trial
high deference
when would a jury’s finding of fact in a jury trial be reversed?
if no reasonable jury would have made the finding
the appeal concerns a discretionary ruling
admitting EV or injunctions
abuse of discretion
when would you reverse a judge’s discretionary ruling
unreasonable or arbitrary
when is an appeal generally allowed
if final judgment is rendered
exceptions to the final judgment rule
injunction
class certification
collateral order
writ of mandamus
BK
patent infringement
receivers
collateral order EX
denying immunity
