appellate review

Question 1

standard of review for questions of law

Answer 1

de novo

Question 2

standard of review for questions of fact

Answer 2

won’t be disturbed unless clearly erroneous (non-jury decisions) or reasonable jury could not have reached the same conclusion (jury trials)

Question 3

standard of review for mixed questions of law and fact

Answer 3

de novo

Question 4

standard of review for discretionary matters

Answer 4

abuse of discretion

Question 5

final judgment rule

Answer 5

appeal may only be taken from a final judgment, meaning trial court has made an ultimate decision on the merits of the entire case

Question 6

timing for appeal

Answer 6

must file notice of appeal in trial court within 30 days of entry of final judgment

Question 7

interlocutory order

Answer 7

interim order

Question 8

interlocutory orders appealable as a matter of right

Answer 8

1) injunctions
2) receivers
3) patent
4) property

Question 9

collateral order exception

Answer 9

appellate court may hear an interlocutory appeal on an issue if it is:
1) too distinct from merits of case
2) too important to be denied review and
3) would essentially be unreviewable if parties waited for final judgment