Appellate Review Flashcards
What is the basic idea for appellate review?
The federal district court has entered an order or judgment,
and the losing party wants to seek review by the United
States Court of Appeals for the appropriate circuit.
What is the final judgment rule?
The losing party has a right to appeal if the court’s order is a
final judgment. A final judgment is one that determines the
merits of the entire case. To determine whether an order is
a final judgment, ask “after making the ruling”: Does the trial
court have anything left to do on the merits of the case?
If the answer is “yes,” it is not a final judgment but rather an
“interlocutory order.” If the answer is “no,” the judgment is if
final. Remand orders, with some minor nontestable exceptions, are not reviewable on appeal.
What is notice of appeal?
If the judgment is final, where and when is the notice of
appeal filed? The notice of appeal must be filed with the
district court within 30 days after entry of the judgment that
is being appealed.
What is an interlocutory appeals?
If the district court’s order is not a final judgment, it might be
appealed using one of these doctrines.
What are interlocutory appeals of injunctions as of right?
Orders granting, modifying, or refusing preliminary or
permanent injunctions are reviewable as of right despite
the fact that the order may not be final. However, this type of
review does not include TROs.
a. Changing Nature of a TRO
Remember a TRO is good for a maximum of 14 days, renewable for up to another 14 days. If the TRO is renewed beyond
28 days, it ceases to be a TRO but rather becomes a preliminary injunction that may be appealed. (A court cannot avoid
review and the procedural requirements of a preliminary
injunction by extending a TRO.)
What is the interlocutory appeals act?
The Interlocutory Appeals Act allows appeal of a nonfinal
order if:
• The district judge certifies that it involves a controlling
issue of law;
• As to which there is substantial ground for difference of
opinion; and
• The court of appeals agrees to hear it.
What is the collateral order doctrine?
The appellate court has discretion to hear an appeal on an
issue if that issue:
• Is distinct from the merits of the case;
• Involves an important legal question; and
• Is essentially unreviewable if parties await a final judgment.
What happens with multiple claims and parties?
When more than one claim is presented in a case, or when
there are multiple parties, the district court may expressly
direct entry of a final judgment as to one or more of them if
it makes an express finding that there is no just reason for
delay.
Is there a review for class actions?
A court of appeals has discretion to review an order granting
or denying certification of a class action. The party seeking
review must do so at the court of appeals within 14 days of
order. An appeal does not stay the proceedings at district
court unless the court of appeals or district court says so.
What is the extraordinary writ (mandamus or prohibition)?
An extraordinary writ of mandamus or prohibition is an
original proceeding in the court of appeals to compel the
district judge to make or vacate a particular order. The writ
is not a substitute for appeal. It is available only if the district
court is violating a clear legal duty.
What is the review of questions of law?
When the district judge decides questions of law, the court
of appeals uses a de novo standard; that is, no deference is
given to the district judge when reviewing that decision. (If
you think about it, the court of appeals knows “the law” as
much as the district court judge.) Included is when a judge
gives a jury instruction that summarizes a question of law.
What are the questions of fact in a bench trial?
In a non-jury trial, when the district judge determines
questions of fact, the court of appeals will affirm unless the
findings are clearly erroneous.
What are the review of questions of fact in a jury trial?
Findings of fact by a jury are given great deference. In a jury
trial, when the jury decides questions of fact, the court of
appeals will affirm unless reasonable people could not have
made that finding.
What is the review of discretionary matters?
On discretionary matters (for example, whether to grant a
motion to amend pleadings, to allow permissive intervention)
that the judge decides, the court of appeals will affirm unless
the district court judge abused her discretion. This is also
a deferential standard. A court of appeals judge might not agree with the district court judge’s decision, but so long as
what the district court judge did was “in the ballpark,” that
decision must be affirmed.
