appellate review Flashcards
what is a final judgment
what is the final judgment rule
example of non-final judgements
FINAL JUDGMENT: judgment that determines the merit of the ENTIRE case
TEST FOR WHETHER IT IS FINAL JUDGMENT:
After making the ruling, does the trial court have anything left to do on the merits of the case?
If yes = it is an interlocutory order and NOT a final judgment
if no = final judgment
[ex: denial of motion for a new trial is appealable]
FINAL JUDGMENT RULE - The losing party has a right to appeal if the court’s order is a final judgment.
interlocutory orders [non appealable]:
– denial of summary judgment
– grant of motion for a new trial
what is not able to be reviewed on appeal?
Remand orders
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.
how to appeal an interlocutory order [i.e. doctrines that allow for interlocutory appeals]
(1) INTERLOCUTORY APPEALS OF INJUNCTIONS AS OF RIGHT
Orders granting, modifying, or refusing a preliminary or permanent injunction are reviewable as of right despite the fact that the order may not be final
does NOT include TROs, which are good for max 14 days but can be extended for another 14 days, UNLESS it is extended past 28 days which turns it into a preliminary injunction that may be appealed
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(2) 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 [two appellate judges agree to allow it].
[and, implied, is that an immediate appeal may materially advance the ultimate termination of the litigation]
(3) 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.
Ex: The Eleventh Amendment provides that states and “arms of states” are immune from suit in federal court. (Not just immune from damages, but immune from being sued at all.) Plaintiff sues State Highway Department (“SHD”) for damages. SHD claims it is an “arm of the State” and thus immune from suit. The district court rejects the argument and orders SHD to litigate. Can SHD try to appeal this ruling as a collateral order?
YES – If required to litigate, it loses its immunity from suit, it is distinct from merits, and involves important legal question
(4) MULTIPLE CLAIMS AND/OR MULTIPLE PARTIES SITUATIONS
If there are multiple claims in one case, or multiple parties, district court may expressly direct entry of a final judgment as to one or more of them [making the order appealable] if it makes an express finding that there is no just reason for delay.
Ex:
Plaintiff sues Defendant. Defendant files a counterclaim against Plaintiff. The court enters partial summary judgment in favor of Defendant on the first claim. This is not appealable as a final judgment because the counterclaim is still pending. Could the district court expressly direct entry of a final judgment on Plaintiff’s claim against Defendant and allow appeal of that issue now?
yes if no cause for delay
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(5) CLASS ACTION CERTIFICATION
definition:
A court of appeals has discretion to review an order granting or denying certification of a class action
timing:
party seeking review must seek review AT COURT OF APPEALS within 14 days of lower court order granting or denying certification of class action
effect:
appeal does not stay the proceedings at the district court unless either district or appeals court court says so
(6) EXTRAORDINARY WRITS [MANDAMUS OR PROHIBITION]
what it is:
An original proceeding in the court of appeals to compel the district judge to make or vacate a particular order.
when granted:
It is available only if the district court is violating a clear legal duty.
NOTE: it is NOT a substitute for appeal.
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other interlocutory orders that may be immediately appealed:
(1) order appointing a receiver or refusing to wind up or take steps to accomplish receiverships
(2) decrees in admiralty cases that find liability but leave damages to be assessed later
(3) patent infringement order wehre only an accounting is wanting
(4) order whereby possession of property is changed or affected, such as orders dissolving writs of attachment
when does motion for summary judgment result in a final judgment
when it is granted and it disposes of all issues in the case
[partial summary judgment is not appealable as a final judgment because other issues are pending]
what are the standards of review on appeal for
questions of law
questions of fact in a bench trial
questions of fact in a jury trial
discretionary matters
issues not preserved for appeal
(1) questions of law
de novo standard; that is, no deference is given to the district judge when reviewing that decision
this includes jury instructions that summarize questions of law, post-trial motions for judgment as a matter of law, post-trial RJMOL motions
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(2) questions of fact in bench trial
court of appeals will affirm unless findings are clearly erroneous
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(3) questions of fact in jury trial
court of appeals will affirm unless reasonable people could not have made that finding
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(4) discretionary matters [such as whether to grant a motion to amend pleadings, to allow permissive intervention, whether to give a jury instruction, etc.]
court of appeals will affirm unless district court judge abused her discretion; this is a deferential standard that requires court of appeals to affirm unless judge was out of the ballpark of correct decision
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(5) issues not presrved for appeal due to failure to object = no full appellate review =
jury instructions that were not objected to will be reviewed under a plain error standard [plain error in the instruction that affected substantial rights] on appeal
harmless error doctrine
No reversal is required if the error is harmless; that is, it did not affect the outcome of the case, even errors of law
