Appeals

Question 1

Who can appeal?

Answer 1

The losing party

Question 2

To where can one appeal?

Answer 2

Circuit court (court of appeals); United States Supreme Court

Question 3

Why are appeals allowed?

Answer 3

1. To fix errors
2. Efficiency, fairness, accuracy,
3. People are more likely to accept the outcome

Question 4

When there is a right to appeal (28 U.S.C. § 1291)

Answer 4

A party may appeal final decisions of district courts (when there’s nothing else for the court to do); a final decision is one that ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.

Question 5

Standards for interlocutory appeals (28 U.S.C. § 1292)

Answer 5

1. District court certification:
   a. such order involves a controlling question of law as to which there is substantial ground for difference of opinion; and
   b. an immediate appeal from the order may materially advance the ultimate termination of the litigation.
2. Court of appeals may permit an appeal if made from such an order as long as it is made within 10 days of entry of the order.

Question 6

Standards of review on appeal

Answer 6

1. De Novo
2. Abuse of Discretion
3. Clearly Erroneous

Question 7

When is the de novo standard of review used?

Answer 7

Standard used when reviewing lower court’s decisions involving questions of law or questions of mixed law and fact

Question 8

When is the abuse of discretion standard used?

Answer 8

Standard used when trial court has discretion:
a. discovery, 
b. trial practice/scheduling, 
c. other preliminary decisions. 
A high degree of deference is granted.

Question 9

When is the clearly erroneous standard of review used?

Answer 9

A high degree of deference is granted; standard is used when findings of fact from the bench or jury are clearly erroneous.