Appeals Flashcards
When may an appellate court acquire jurisdiction over a case?
When there has been a final judgment, which is a decision that fully resolves a dispute on the merits and leaves nothing for the court to do but enforce the judgment.
When must the notice of appeal be filed after an order of final judgment?
30 Days
What is an interlocutory order?
The types of orders that are not appealable absent a final judgment.
EXCEPTIONS:
1) Order about an injunction
2) Order appointing or refusing to appoint a receiver
3) Certain admiralty cases
What is the collateral-order doctrine?
A narrow exception to the final judgment rule. Any interlocutory order will be characterized as final and appealable if
1) The order conclusively resolves a disputed issue
2) That issue is separate from the merits of the underlying claim
3) The order cannot be effectively reviewed on appeal from a final judgment
What are the standards of review an appellate court can conduct when reviewing a lower court decision?
1) Plain Error
2) Abuse of Discretion
3) De Novo
4) Clearly Erroneous
When does the court review something through plain error?
The plain error rule permits an appellate court to take notice of a plain error that affects a substantial right, even though a party failed to object or make an offer of proof at trial.
When does the court review something under abuse of discretion?
The abuse of discretion standard applies to discretionary decisions made by the court, such as the admissibility of evidence
When does the court review something under de novo?
Appellate review of a lower court’s legal rulings is de novo.
When does the court review something under clearly erroneous?
The “clearly erroneous” standard of review applies to a trial court’s findings of fact, not its rulings on the applicable law.
