Appeals Flashcards
1
Q
Main req.
A
FINAL JUDGMENT
- CA: whenever 1 party/claim resolved
- FED: ^ + court finds no just reason for delay
2
Q
Interlocutory Judgment Review
A
Injunctions, Class Cert
Interlocutory Appeals Act: trial court certifies controlling legal issue + sub grounds for differing opinion + app court agrees
Collateral Order Doctrine: app ct discretion if separate from merits + imp. legal Q + unreviewable after final Jdg.
3
Q
Std of Review
A
Legal: de novo (instruction content)
Discretion: abuse of discretion (to give an instruction)
Fact: judge good unless clearly erroneous; jury good unless reas people couldn’t make finding
