Appeals and Preclusion

Question 1

a party wishing to appeal a district court order must appeal

Answer 1

to the Court of Appeals for the circuit in which the district court sits.

Question 2

If a party desires to appeal a Court of Appeals order or judgment, the only avenue

Answer 2

USSC

Question 3

Federal circuit courts have jurisdiction to hear only appeals seeking review of:
(5)

Answer 3

(1) a final judgment,
(2) an order pertaining to preliminary injunctive relief,
(3) an order pertaining to certification of a class,
(4) an order that has been certified by the district court, or
(5) a collateral order.

Question 4

What is a final judgment?

Answer 4

A final judgment is a judicial act that disposes of the entire case. When a final judgment has been entered, there is nothing left for the court or parties to address.

Question 5

Preliminary Injunctive Relief appealable

Answer 5

immediately granting or denying a Preliminary injunction or TRO

Question 6

What judgments are immediately appealable?

Answer 6

1. Preliminary Injunctive relief
2. Class Certification
3. Certified Order

Question 7

When to appeal class certification

Answer 7

Any party may immediately appeal a district court decision granting or denying a motion to certify a class in a putative class action suit.

Question 8

What is a certified order?

Answer 8

(a) The order involves a controlling question of law;
(b) The issue of law is one on which there is substantial difference of option; and
(c) An immediate appeal will materially advance the ultimate resolution of the action

Question 9

The collateral order doctrine, which is extremely narrow, permits a party to appeal an order if three conditions are met

Answer 9

(a) The order pertains to a matter unrelated to the merits (i.e., “collateral” to the merits);
(b) The order conclusively decides a particular issue; and
(c) Delaying appeal until a final judgment has issued would effectively deny appellate review of the issue

Question 10

Standard of Review

Answer 10

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

Question 11

When an appellant claims that a lower court made an error in its assessment of the law, the appellate court reviews the lower court’s decision:

Answer 11

De novo

Question 12

De novo review

Answer 12

means that the appellate court grants no deference to the lower court and addresses the legal issue as if it has never been addressed in the case.

Question 13

Questions of Fact: When an appellant claims that the lower court—whether acting through the judge or the jury—made a mistake on factual matter, the appellate court will affirm the lower court’s finding unless it:

Answer 13

Clearly erroneous

Question 14

When trial courts are imbued with significant discretion—they are reviewed using

Answer 14

abuse of discretion standard

Question 15

Appellate courts may affirm an erroneous lower court decision if

Answer 15

the error was harmless

Question 16

if an appellant passed up an opportunity to challenge the decision at the time the lower court made it, the appeal

Answer 16

Is waived by failing to challenge it at the time.

Question 17

When must appellate file notice of appeal?

Answer 17

Within 30 days of the final judgment or order or you are appealing

Question 18

Where do you file a notice of appeal?

Answer 18

District Court

Question 19

When must appellate file a notice of appeal for an order granting or denying class certification?

Answer 19

Within 14 days?

Question 20

If a post trial motion has been filed (e.g., a renewed motion for judgment as a matter of law, a motion for new trial, or a motion for relief from judgment), and the court denies the motion –> when must appellant file a notice of appeal?

Answer 20

30 days from denial

Question 21

What does claim preclusion do?

Answer 21

bars claimants from re-litigating a case that they have already lost.

Question 22

When does claim preclusion occur?

Answer 22

One lawsuit is resolved and one is pending

Question 23

Elements of Claim Preclusion

Answer 23

1. Same Parties on the Same Side of the “v”
2. Claim from Same Transaction or occurrence in prior suit
3. Valid prior judgment on the merits

Question 24

What is claim preclusion also called?

Answer 24

res judicata

Question 25

When is a judgment not on the merits?

Answer 25

Dismissal for

1. Lack of PJ
2. Lack of SMJ
3. Lack of Venue

Question 26

Is there claim preclusion in when voluntary dismissal occurs?

Answer 26

Yes, if prejudiced; if no prejudice, then no.

Question 27

What is issue preclusion?

Answer 27

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

Question 28

What are the elements for issues preclusion?

4

Answer 28

1. Issue must have been litigated and determined (not stipulated)
2. Issue was essential to judgment (if decided opposite way would change result of case)
3. Valid prior judgment on the merits
4. The party against whom preclusion is asserted must have had a full and fair opportunity, as well as incentive, to litigate the issue in the first suit.

Question 29

Special verdicts in issue preclusion

Answer 29

Issue preclusion is greatly helped

Question 30

When does a party have incentive to litigate such that issue preclusion will take hold?

Answer 30

When the party in the first action is in privity to the current party asserting.

Question 31

What is it called when you prevent someone for litigating a issue by way of issue preclusion?

Answer 31

Collateral Estopple