Appellate Jurisdiction

Question 1

When can a party appeal to a higher court?

Answer 1

At the end of the district court case when there is a final judgement are appealable

Question 2

What is the Final Judgement Rule? 1291

Answer 2

A final decision ends the litigation on the merits and leaves nothing for the court to do but execute the judgement

Question 3

What is an Interlocutory Appeal?

Answer 3

Allows for earlier appeals for specific kinds of procedural situations if the matter being decided is significant and could impact the overall outcome of the case

Question 4

How many interlocutory appeals are there? (6)

Answer 4

1. 1291(a): Injunction
2. 1291(b): Discretionary
3. 1651: Writs
4. 23(f): Class Certification
5. 54(b): Exception to Final Judgement
6. Collateral Orders

Question 5

What is Rule 1292(a): Appeal by Right (Injunction)?

Answer 5

-Allowed automatically & does not need permission

-If a DC issues or refuses to issue an injunction, the aggrieved party may have the option to appeal this decision immediately, rather than waiting for the final judgement if it would have irreversible consequences

Question 6

What is Rule 1292(b): Discretionary Appeal?

Answer 6

A party can appeal if the DC certifies that order involving a question of law AND there are substantial grounds for difference of opinion

-Discretionary

Question 7

For a 1292(b) appeal, what does it require from the courts?

Answer 7

Requires both district and appellate court to agree to the appeal, the appellate court can either agree or deny hearing the case

Question 8

What is Rule 1651: Writs?

Answer 8

When a party seeks extraordinary or emergency relief during an appeal or when there is a need for judicial intervention in the appellate process

ex: transfer of venue was wrong
-Discretionary

Question 9

What is the Rule 23(f): Class Certification?

Answer 9

Losing party ask the Court of Appeals and they may permit an appeal from an order granting or denying class certification

-Discretionary

Question 10

What is Rule 54(b): Final Judgement?

Answer 10

Appeal is allowed in cases where there are multiple claims or parties, and the trial court has issued a decision that resolves one or more of those claims or parties, but not the entire case.

Question 11

What are the steps for Rule 54(b): Exception to Final judgement?

Answer 11

1. Only comes up with multiple claims or multiple parties
2. District judge can expressly enter judgement to one or more of those parties
3. Make an express finding that there is no just reason for delay of appeal

Question 12

Under the exception for final judgement, what constitutes a final judgement?

Answer 12

This jurisdiction does not extend to situations where there is no final judgement on a complete case.

-Requires that all claims in a case be fully resolved, such as BOTH liability and damages

Question 13

What is the Collateral Order Rules Elements?

Answer 13

Court of Appeals has jurisdiction over Collateral orders which:
1. Conclusively resolve an important issue completely separate from the case AND
2. Are effectively unreviewable on appeal from a final judgement

Question 14

What is the Collateral Order Rule: Qualified Immunity Decisions?

Answer 14

Protects immunities that might be lost if they are not addressed right away

-Appealable collateral orders denying qualified immunity, but only when those orders turn on pure issues of law

Question 15

What is Qualified Immunity?

Answer 15

Protects government officials performing discretionary functions from liability for civil damages, as long as their actions don’t violate “clearly established” legal rights

Question 16

How does the Appellate Court evaluate the District Court decisions?

Answer 16

1. Pure Questions of law DE NOVO
2. Pure Questions of Fact for CLEAR ERROR
3. Mixed Questions of fact and law de novo
4. On decisions committed to the District Courts discretion for abuse of discretion

Question 17

What must be filed to take an appeal and within how many days? Rule 2107(a),(b)

Answer 17

A party must file a notice of appeal with the DC Clerk
1. Within 30 days OR
2. Within 60 days IF the case involves a federal party

Question 18

How can a case get to the Supreme Court?

Answer 18

1. Original Jurisdiction:
2. Appellate Jurisdiction:
3. Discretionary Appellate Jurisdiction