Appellate Review

Question 1

Final Judgment Rule

Answer 1

A losing party has the right to appeal a court’s final judgment, one that determines the merits of the entire case
-Granting a new trial is not a final judgment

Does the trial court have anything left to do on the merits of the case?
-Yes (interlocutory order)
-No (final judgment) + right to appeal

Question 2

Remand orders

Answer 2

Not reviewable on appeal

Question 3

Notice of appeal

Answer 3

Must be filed with the district court within 30 days after entry of the judgment

Question 4

Interlocutory appeal

Answer 4

An appeal while other aspects of the case are still proceeding

Interlocutory appeals that are reviewable:
-Preliminary or permanent injunctions
-A TRO is not appealable unless its extended beyond 28 days at which point it becomes a preliminary injunction
-Interlocutory appeals act
-Collateral order doctrine (rare and narrow)
-Multiple claims/parties exception

Question 5

Interlocutory Appeals Act

Answer 5

Allows for an appeal of a non-final order when:
-The district judge certifies that it involves a controlling issue of law to which there are substantial grounds for differing opinions; and
-The court of appeals agrees to hear it

Question 6

Collateral Order Doctrine

Answer 6

An appeals court has discretion to hear an appeal on an issue that:
-Is distinct from the merits of the case (collateral);
-Involves an important legal question; and
-Is essentially unreviewable if parties await a final judgment (difficult)

-Basically only applies in where a district court rejects a government-defendant’s argument of sovereign immunity

Question 7

Multiple claims and parties

Answer 7

In cases with multiple claims or parties, a district court may expressly enter final judgment as to one or more claims/parties if it makes** “an express finding that there is no just reason for delay”**
-Includes counterclaims after Motion for Summary Judgment

Question 8

Class action appeal

Answer 8

A court of appeals has discretion to review an order granting or denying certification of a class action
-Must file for appeal within 14 days of order

Question 9

Extraordinary writ (mandamus or prohibition)

Answer 9

An original proceeding in the court of appeals to compel a district judge to make or vacate a particular order
-Only available when a district court clearly violates a legal duty

Question 10

Standards of review

Answer 10

1. De Novo
2. Clearly erroneous
3. Reasonableness
4. Abuse of discretion
5. Harmless error

Question 11

De Novo

Answer 11

No deference is given to the district court
-Applies when appellate court reviews questions of law
-Includes when a judge gives a jury instruction summarizing a question of law
-i.e., granting/denying a JMOV or RJMOV

Question 12

Clearly erroneous

Answer 12

Appellate court will affirm unless the findings are clearly erroneous
-Applies when appellate court reviews questions of fact in bench trial
-i.e., judge rules in favor of one party when there are only two witnesses telling different stories

Question 13

Reasonableness

Answer 13

Appellate court will affirm unless reasonable people could not have made that finding
-Applies when appellate court reviews questions of fact in jury trial

Question 14

Abuse of discretion

Answer 14

Appellate court will affirm unless the district court abused its discretion
-Applies when appellate court reviews a matter within the district court’s discretion
-District court only has to be in the ballpark to be affirmed
-i.e., granting/denying a motion for a new trial, giving a jury instruction despite a party’s objection

Question 15

Harmless erorr

Answer 15

No reversal is required if the error did not affect the outcome of the case