Appellate Review

Question 1

basic idea of appellate review:

Answer 1

the federal district court has entered an order or judgment - and the losing party wants to seek review by the US Court of Appeals for the appropriate circuit

Question 2

what is the ‘final judgment rule’?

Answer 2

it is that the losing party has a RIGHT to appeal IF the court’s order is a FINAL JUDGMENT

Question 3

what is a ‘final judgment’?

Answer 3

a final judgment is one that determines the MERITS of the ENTIRE case

**ask - after making the ruling - “does the trial court have anything left to do on the merits of the case?”
- if yes - not final judgment - but rather an INTERLOCUTORY ORDER
- if answer is nO – -judgment is final

Question 4

what type of orders are NOT reviewable on appeal?

Answer 4

remand orders

Question 5

if judgment is final - where and when is the notice of appeal filed?

Answer 5

the notice of appeal MUST be filed with the district court within 30 days AFTER the entry of the judgment that is being appealed

Question 6

what are interlocutory appeals?

Answer 6

interlocutory appeals are when the district court orders are NOT final judgment - then such order may be appealed using one of the following doctrines:
a) interlocutory appeals of iNJUNCTION as of right
b) interlocutory appeals act
c) “collateral order’ doctrine

Question 7

a) interlocutory appeals of iNJUNCTION as of right

Answer 7

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.

Question 8

b) interlocutory appeals act

Answer 8

this act allows appeals of a NONFINAL order if:
1) The district judge certifies that it involves a CONTROLLING ISSUE of LAW;
2) as to which there is substantial ground for difference of opinion; and
3) the court of appeals agrees to hear it

Question 9

c) “collateral order’ doctrine

Answer 9

The appellate court has discretion to hear an appeal on an issue if that issue:
1) Is distinct from the merits of the case;
2) Involves an important legal question; and
3) Is essentially unreviewable if parties await a final judgment

Question 10

when can a court expressly direct an entry of a final judgment?

Answer 10

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.

Question 11

appealability for class actions

Answer 11

a COURT OF APPEALS has DISCRETIOn to review an order granting/denying certification of a class actio

Question 12

when must a party seeking review of order granting/denying class certification seek this?

Answer 12

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.

Question 13

what is available to the court of appeals if the district court is violating a clear legal duty?

Answer 13

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.

Question 14

what are the STANDARDS of REVIEW on appeal?

Answer 14

a) review of questions of law - de novo
b) questions of fact in bench trial - clearly erroneous
c) review of questions of fact in a jury trial - reasonable people could not have made that finding
d) review of discretionary matters - abused their discretion

Question 15

a) review of questions of law - de novo

Answer 15

When the district judge decides questions of law, the court of appeals uses a de novo standard;

Question 16

what is a ‘de novo’ standard?

Answer 16

no deference is given to the district judge when reviewing that decision.

Included is when a judge gives a jury instruction that summarizes a question of law.

Question 17

b) questions of FACT in bench trial - clearly erroneous

Answer 17

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. (do defer to what the district judge did)

Question 18

c) review of questions of FACT in a jury trial - reasonable people could not have made that finding

Answer 18

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.

Question 19

d) review of discretionary matters - abused their discretion

Answer 19

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.

Question 20

HARMLESS ERROR

Answer 20

Not every error committed by a district court judge (even an error of law) requires reversal on appeal.

No reversal is required if the error is harmless; that is, it did not affect the outcome of the case.