Appeals Flashcards
How many days does a party have to file an appeal?
Under Federal Rules of Appellate Procedure (FRAP) 3 and 4, an appeal may be taken by filing a notice of appeal with the district court within 30 days from the entry of the judgment. A final order is one that disposes of the whole case on its merits, by rendering final judgment not only as to all the parties but as to all causes of action involved.
Is a dismissal with prejudice an adjudication on the merits?
Under FRCP 41(b), an involuntary dismissal on the ground of failure to prosecute operates as an adjudication on the merits and claim preclusion consequently bars the claim from being brought again.
When may a court review the the findings of fact under a clearly erroneous standard?
Only in a bench trial.
What is the harmless error conclusion by the court?
Harmless error is a conclusion an appeals court reaches after reviewing and determining the erroneous evidentiary ruling.
Will An appeals court reverse a ruling if they find harmless error?
No. A harmless error is one that does not affect the substantial rights of the parties.
What is de novo review?
When the issue is a pure question of law. This means that no deference will be given the trials court ruling? When a trial court reduces a punitive damages award on the ground that it is unconstitutionally excessive, the appellate court reviews that determination de novo. See Cooper Industries, Inc. v. Leatherman Tool Group, Inc., 532 U.S. 424 (2001).
A is incorrect. On new-trial motions, the trial court may weigh the evidence and the credibility of witnesses and need not view the evidence in the light most favorable to the prevailing party.
B is incorrect. When conditioning the denial of a new trial motion on the plaintiff’s acceptance of a lower amount of damages than the jury awarded, the trial court has discretion to award any amount supported by the evidence.
D is incorrect. Remittitur is constitutional and does not interfere with the province of the jury so long as the trial court gives the plaintiff the option of proceeding with a new trial. See Dimick v. Schiedt, 293 U.S. 474, 486–487 (1935).
If a case rest on state and federal statues may the federal courts seek review.
Yes. If the case rests on both and not solely state grounds.
Is a TRO immediately appealable?
No unless it has the effect of a preliminary injunction. Here, because the 30-day extension makes the TRO equivalent to a preliminary injunction and therefore appealable.
How long is the timeframe for a motion FI a new trial?
Motions for a new trial must be filed no more than 28 days after entry of judgement.
What is the frame to file a relief of judgement?
A relief of judgement must be filed 30 days after the entry of judgement. However, if more than 30 days has passed it’s still worth the try.
