Appeals and Preclusion

Question 0

Final Judgment

Answer 0

Judicial Act disposing of the entire case
when entered there is nothing left for court to address
If any matters remain, judgment was not final

Question 1

Grounds for Jurisdiction for Court of Appeals

Answer 1

Review of
1. Final Judgment
2. order pertaining to preliminary injunctive relief
3. order pertaining to certification of a class
4. order that has been certified by the district court
5. a collateral order
[2-5 are referred to as interlocutory orders as issued during pendency]

Question 2

Certified Order Conditions

Answer 2

1. order involves controlling question of law
2. issue of law where there is substantial difference of opinion
3. immediate appeal will materially advance ultimate resolution of action

Question 3

Collateral Order Conditions

Answer 3

1. Order pertains to a matter unrelated to the merits
2. order conclusively decides a particular issue
3. delaying appeal until final judgement will effectively deny appellate review of the issue

Question 4

De Novo Review

Answer 4

Appellant claims lower court made an error assessing the law
Appellate court grants no deference to the lower court
addresses legal issue as if it has never been addressed

Question 5

Appeal based on Questions of Fact

Answer 5

reversal if error was clearly erroneous

Question 6

Review of Inherently Discretionary Questions

Answer 6

Reviewed with abuse of discretion standard

no reasonable judge could have reached same decision

Question 7

Harmless Error

Answer 7

court may affirm lower court decision if error did not affect result

Question 8

Waiver

Answer 8

Failure to challenge the decision at the time the lower court made it
will waive right to challenge the issue on appeal

Question 9

Appellate Procedure

Answer 9

notice of appeal must be filed in district court within 30 days of judgment or order that is subject of appeal

Except - class certification - 14 days

Question 10

Res Judicata - Claim Preclusion

Answer 10

bars re-litigation of issue already decided

1. same parties - same position in prior suit
2. same transaction or occurrence as prior suit
3. valid final judgment on the merits

Question 11

When judgment is NOT on the merits

Answer 11

dismissal for lack of PJ, SMJ, or Venue

All other dismissals are on the merits

Question 12

Collateral Estoppel - Issue Preclusion - Defined

Answer 12

bars re-litigation of issues in cases not involving same parties

1. issue must have been litigated and subject to judicial resolution
2. issue was essential to judgement - merits issue - and if decided the opposite way would have changed the outcome
3. prior suit ended in a valid final judgment on the merits
4. party against whom preclusion is sought had a full and fair opportunity and incentive to litigate the issue in the first suit