Appeals and Preclusion

Question 1

Where must a party wishing to appeal a district court order appeal to?

Answer 1

The court of appeals for the circuit in which the district court sits.

Question 2

Where is the only place to appeal a court of appeals order or judgment?

Answer 2

United States Supreme Court.

Question 3

Federal circuit courts have jurisdiction to hear appeals seeking what?

Answer 3

1. Final judgments
2. Orders for preliminary injunctive relief
3. Orders certifying a class
4. Orders that have been certified by the district court
5. Collateral orders

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

When can an order for preliminary injunctive relief be appealed?

Answer 5

They can be immediately appealed for either the granting or denying of a:

1. Preliminary injunction

Or

2. Temporary restraining order (TRO)

Question 6

What types of judgments are immediately appealable?

Answer 6

1. Preliminary injunctive relief orders
2. Class certifications
3. Certified orders

Question 7

When can you appeal a 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 are the elements of a certified order?

Answer 8

1) The order involves a controlling question of law
2) The issue of law is one on which there is a substantial difference of options
3) An immediate appeal will materially advance the ultimate resolution of the action

Question 9

The Collateral Order Doctrinepermits a party to appeal an order if whatthree conditions are met?

Answer 9

1) The order pertains to a matter unrelated to the merits of the case before the court(i.e., collateral to the merits)
2) The order conclusively decides a particular issue
3) Delaying appeal until a final judgment has been issued would effectively deny appellate review of the issue

Question 10

List the standards of review that a court may use to review a case from a lower court.

Answer 10

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

Question 11

What is the standard of review applied when a lower court made an error in its assessment of the law?

Answer 11

De novo.

Question 12

Define de novo review.

Answer 12

The appellate court grants no deference to the lower court’s application of law, and it applies the law to the facts on the record and arrives at a decision independetly of the law application used in the lower court.

More Info: De Novo Review

Question 13

What is the standard of review applied when an appellant claims a factual mistake by the lower court?

Answer 13

Clearly erroneous.

Question 14

What is the standard of review applied when trial courts are imbued with significant discretion in their rulings?

Answer 14

Abuse of Discretion Standard

More Info: Abuse of Discretion

Question 15

When can appellate courts affirm an error of a lower court?

Answer 15

When the error was harmless.

Question 16

When must a party file a notice of appeal?

Answer 16

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

Question 17

Where do you file a notice of appeal?

Answer 17

The District Court.

Question 18

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

Answer 18

Within 14 days

Question 19

If a post trial motion has been filed and the court denies the motion, when must the appellant file a notice of appeal?

Answer 19

30 days from the denial

Question 20

What is the effect of claim preclusion?

Answer 20

It bars a claimants from relitigating a case that they have already lost.

More Info: Effect of Claim Preclusion

Question 21

When does claim preclusion occur?

Answer 21

When one lawsuit is resolved and one is pending which deals with the same claim.

Question 22

What are the elements of claim preclusion?

Answer 22

1) Same parties on the same side of the “v.”
2) Claim arising from the same transaction or occurrence in the prior suit
3) A valid prior judgment on the merits
* More Info:* Elements of Claim Preclusion

Question 23

What is another term used for claim preclusion?

Answer 23

Res Judicata

Question 24

When is a judgment not on the merits?

Answer 24

When a case is dismissed for one of the following reasons:

1. Lack of personal jurisdiction
2. Lack of subject matter jurisdiction

Or

3. Lack of venue

Question 25

Is there claim preclusion when a voluntary dismissal occurs?

Answer 25

1. Yes: if prejudiced
2. No: if not with prejudice

Question 26

What is the effect of issue preclusion?

Answer 26

It bars the relitigation of issues even in cases not involving the same parties.

Question 27

What are the elements for issues preclusion?

Answer 27

1) The issue must have been litigated and determined
2) The issue must have been essential to to the judgment (i.e. if decided on in the opposite way it would change the result of the case)
3) There must have been a 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 28

When does a party have incentive to litigate satisfying the requirements of issue preclusion?

Answer 28

When the party in the first action is in privity with the current party.

Question 29

What is it called when a party prevents someone from litigating an issue by claiming issue preclusion?

Answer 29

Collateral Estoppel.