Appeals Flashcards
Appeals - Cases when is allowed (3) + Timeliness of objection
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
Appeals - As of right for final judgment
- 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
Appeals - Collateral Order doctrine aka “Discretionary review” - Gral
- 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
Appeals - Collateral Order doctrine - Grounds for exception (3)
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
Appeals - Extraordinary Writs - Gral
- Exceptional review from superior court while proceeding STILL going on
- Look for review before entry of judgments
- 2 types: of mandamus AND of prohibition
Appeals - Extraordinary Writs - Grounds (2)
1) No other form of review is available to remedy the error effectively
2) Justice requires use of writ
Appeals - Extraordinary Writs - Writ of Mandamus
Superior court directs DISTRICT court to take some action required under law
- Abolished by FRCP but still used by some state courts
Appeals - Extraordinary Writs - Writ of Prohibition
Is for APPEALS court (superior) to order District Court to refrain from taking an action contrary of law (out of jdx or authority)
Appeals - Procedure - Commencement
- Filing at trial court + service of Notice of Appeal
Appeals - Procedure - Commencement - Timing
- 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
Appeals - Procedure - Commencement - Timing - Exception to gral 30 day rule for filing since entry of final judgment (3)
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
Appeals - Standard of review - Gral
- 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”
Appeals - Standard of review for Factual Determination - Gral
- 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
Appeals - Standard of review for Factual Determination - Substantial Evidence
Sufficient E to persuade a fair minded, rational person of the truth of the premise
Appeals - Standard of review for “Pure Questions of Law”
- “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
Appeals - Standard of review for Discretionary Rulings
- 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
Appeals - Standard of review - “Raised below” Requirement
- Error must have been raised during trial EXCEPT for SMJ AND Constitutional issues
Appeals - Standard of review - “Any theory Sustain” Rule
Appeals court can sustain/affirm lower court ruling on any theory, EVEN a different one
Appeals - by Circuit Court of Appeals
- As of right by US Circuit Court of Appeals
- For decisions from District Courts
Appeals - by US Supreme Court - 2 types
1) Discretionary - Writ of certiorari
2) Mandatory - Appeal (when judgment by 3 judge panel from federal district court)
Appeals - by US Supreme Court - Discretionary - Writ of certiorari (2)
1) When issue of CX of treaty/statute at state high court
2) All cases from Fed Court of Appeals (Circuit)
Appeals - by US Supreme Court - Discretionary - Issues (3)
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
