Appeals

Question 1

3 Standards of Review

Answer 1

1) De Nevo
2) Abuse of Discretion

3) Clear Error
(Clearly Erroneous)

Question 2

De Nevo

Answer 2

applies only when issues of law

Question 3

Abuse of Discretion

Answer 3

Even if District Court got law wrong, will not be overturned unless Dist. Ct. abused discretion.

-

• High Standard.
• Appellate Court most likely never going to do.

-Applies with admitting evidence

“Arbturely and Capercious”

Question 4

Clearly Erroneous

Answer 4

applies to all FACT FINDINGS, overturned only for clear error

• must be clear error
• only if you have extremely clear factual error, not just disagree.

Question 5

What District Court find?

What does Appellate Court Find?

Answer 5

District Court finds facts

• Appellate Court finds law

Question 6

Harmless Error

Answer 6

presumption is that error is harmless.

• appellate courts increasingly willing to find error harmless

Question 7

Final Judgment Rule

Answer 7

Fed Ct can only hear appeals from FINAL ORDERS/ FINAL JUDGMENTS

• If anything left to be done, then it is not a final order

Question 8

What does a final order do?

Answer 8

• Ends case, besides judgment

Question 9

Is the Final Judgment Rule jurisdictional?

Answer 9

YES

• If no final judgment (and no exceptions) court of appeals has no jurisdiction

Question 10

What if there are multiple claims?

Answer 10

1) Court certifies under FRCP 54(b) that the loser can appeal immediately
2) if several claims against D, and D wins partial SJ then P can dismiss remaining claims to appeal final judgment on the one claim

Question 11

Interlocutory appeals

Answer 11

generally not allowed in Fed Ct.

• But 2 narrow exceptions
  1) Statutory Exceptions: Injunctions

2)

Question 12

Collateral Order Rule

Answer 12

1) Whether order must conclusively determine the disputed question
2) resolve an important issue completely separate from the merits of the action
3) be effectively unreasonable on appeal from a final judgment

Question 13

IS a forum selection clause you dont like enough for a collateral order?

Answer 13

NO

Question 14

When can you do a collateral order doctrine?

Answer 14

1) for Absolute/ Qualified Immunity: B/c trial is the harm

2) Appeals from contempt that apply to derivation of liberty
ex: contempt and imprisonment

Question 15

What can the appellant (loser) argue in appeals?

Answer 15

• Any argument by appellant not brought up in the district court, is not allowed to bring in appeals court
• Appellant cannot bring anything new

Question 16

What can appealee (winner) bring up in appeals?

Answer 16

can argue anything new it wants because won at trial court.

Question 17

When can a person appeal?

Answer 17

When it is a final order

• Ends litigation and leaves nothing more for district ct to do other than enforce the judgment