Appellate Review

Question 1

Final Judgement 1291 - Test

Answer 1

does the district court have anything left to do on the merits of the case? yes/no
yes, then it it snowed a final judgement (continue to interlocutory review).
no, the it is a fina judgement and you can appeal under 1291 by filing a notice of appeal within 30 days after the final judgment was entered.

Question 2

Interlocutory Review

Answer 2

by Statute
by FRCP
Judge made (common law)

Question 3

Interlocutory review by statute

Answer 3

1292(a) immediate appeal
1292(B) discretionary and requires:
1. agreement between district court and court of appeals.
2. If the district judge finds that the issue is a controlling question of law,
3. there is substantial grounds for difference of opinion

Question 4

Interlocutory review by FRCP

Answer 4

23 court’s discretion
54 immediate appellate review, generally comes up when dealing with multiple claims and multiple parties.

Question 5

Interlocutory review: judge made

Answer 5

Collateral Order Rule: usually comes up in immunity cases (like 11th amendment). very narrow. must meet 3 elements:
1. This is an important issue and it is separate from the merits, AND
2. The court’s order completely resolves that issue, AND
3. That issue is effectively unreviewable if we have to wait to final judgment.
even if you meet al 3 requirements it is up to the court’s discretion.

Question 6

Standard of Review

Answer 6

question of law
question of facts
discretionary matters

Question 7

Question law

Answer 7

De Nevo
no deference to what the district judge does. The court of appeals simply substitutes its own interpretation of the law.

Question 8

Question of facts

Answer 8

if the question of fact was decided by the judge, the court of appeals will affirm unless it was clearly erroneous. BUT if the questions of facts were decided by the jury there is even a greater deference, and the court of appeals must affirm unless no reasonable juror could have made that conclusion.

Question 9

discretionary matters

Answer 9

Many decisions a trial judge makes are left to her discretion (for example, whether to consolidate or sever cases, whether to grant leave to amend a pleading, etc.). On appeal, the standard of review is whether the judge “abused her discretion” in making her decision. This means that the judge’s ruling will not be overturned on appeal unless is it plainly wrong or without an appropriate basis.