Appeals

Question 1

Appeals - Cases when is allowed (3) + Timeliness of objection

Answer 1

1) As of right for final judgment
2) Collateral Order doctrine for “discretionary” rulings
3) Exceptional Writs + Objection must have had been previously presented
* - EXCEPT for SMJ and Constitutional issues

Question 2

Appeals - As of right for final judgment

Answer 2

• Gral rule - For final judgment or other decision that terminates actions/final determination of issues on case (i.e. dismissal)
• “Finality” in relation to result more than to formality of decision

Question 3

Appeals - Collateral Order doctrine aka “Discretionary review” - Gral

Answer 3

• Exception to gral rule of appeal for final judgment
• Appeal allowed for discretionary rulings by court such as interlocutory decisions
• If request denied - preserved for later review

Question 4

Appeals - Collateral Order doctrine - Grounds for exception (3)

Answer 4

Interlocutory decision must be:

1) Of substantial importance for outcome of case
2) To prevent irreparable harm
3) For review matter collateral to the merits

Question 5

Appeals - Extraordinary Writs - Gral

Answer 5

• Exceptional review from superior court while proceeding STILL going on
• Look for review before entry of judgments
• 2 types: of mandamus AND of prohibition

Question 6

Appeals - Extraordinary Writs - Grounds (2)

Answer 6

1) No other form of review is available to remedy the error effectively
2) Justice requires use of writ

Question 7

Appeals - Extraordinary Writs - Writ of Mandamus

Answer 7

Superior court directs DISTRICT court to take some action required under law

• Abolished by FRCP but still used by some state courts

Question 8

Appeals - Extraordinary Writs - Writ of Prohibition

Answer 8

Is for APPEALS court (superior) to order District Court to refrain from taking an action contrary of law (out of jdx or authority)

Question 9

Appeals - Procedure - Commencement

Answer 9

• Filing at trial court + service of Notice of Appeal

Question 10

Appeals - Procedure - Commencement - Timing

Answer 10

• Gral rule (unless otherwise decided by court): 30 days after entry of final or summary judgment
• Extension of period - rarely and in extra-ordinary circumstances
• • usually w/good cause or excusable neglect

Question 11

Appeals - Procedure - Commencement - Timing - Exception to gral 30 day rule for filing since entry of final judgment (3)

Answer 11

1) If govt is party: 60 days
2) If post trial motion was filed: 30 days from entry of decision disposing motion
3) Cross Appeals: Must be filled the later between 30 days of entry of judgment or 14 days after initial notice of appeal

Question 12

Appeals - Standard of review - Gral

Answer 12

• As the level of deference given to the decision of the lower court
• Distinguish btwn:
  a) factual determination - “substantial E”
  b) discretionary ruling - “Clear abuse of discretion”
  c) question of law - “de novo”

Question 13

Appeals - Standard of review for Factual Determination - Gral

Answer 13

• Affirmed if there is “Substantial evidence”
• i.e. jury’s verdict, W credibility assessment, judge finding of fact)
• More deference to jury than to bench
• Very rare: trier of fact deemed to be in better position to decide issue of fact than appellate court

Question 14

Appeals - Standard of review for Factual Determination - Substantial Evidence

Answer 14

Sufficient E to persuade a fair minded, rational person of the truth of the premise

Question 15

Appeals - Standard of review for “Pure Questions of Law”

Answer 15

• “De novo” - with no deference to lower court ruling below
• i.e. interpretation of statute, application of case law, substantive content of jury instruction, interpretation of contract

Question 16

Appeals - Standard of review for Discretionary Rulings

Answer 16

• Review only when Clear Abuse of Discretion
• A lot of deference to lower courts, reversals are less common
• i.e. rulings on discovery, grant/denial of continuance and admissibility, relevance or prejudice of evidence, sanctions under FRCP11, ruling’s motions to amend pledings

Question 17

Appeals - Standard of review - “Raised below” Requirement

Answer 17

• Error must have been raised during trial EXCEPT for SMJ AND Constitutional issues

Question 18

Appeals - Standard of review - “Any theory Sustain” Rule

Answer 18

Appeals court can sustain/affirm lower court ruling on any theory, EVEN a different one

Question 19

Appeals - by Circuit Court of Appeals

Answer 19

• As of right by US Circuit Court of Appeals
• For decisions from District Courts

Question 20

Appeals - by US Supreme Court - 2 types

Answer 20

1) Discretionary - Writ of certiorari
2) Mandatory - Appeal (when judgment by 3 judge panel from federal district court)

Question 21

Appeals - by US Supreme Court - Discretionary - Writ of certiorari (2)

Answer 21

1) When issue of CX of treaty/statute at state high court
2) All cases from Fed Court of Appeals (Circuit)

Question 22

Appeals - by US Supreme Court - Discretionary - Issues (3)

Answer 22

1) When conflict between decision from Circuit court with other circuit’s decision or SC decision
2) When a significant Q of Law is presented
3) When issue of substantial public interest