Appellate Review Flashcards
A losing party has a right to appeal if the court’s order is a…
final judgment.
A final judgment is…
a determination on the merits of the entire case.
Interlocutory means…
nonfinal.
Remand orders (are/are not) reviewable on appeal.
are not
How does one perfect an appeal in federal court?
(1) File a notice of appeal in the district court;
(2) No later than 30 days after entry of the final judgment.
Interlocutory appeals of preliminary or permanent injunctions are…
as of right.
(NOT TROs)!!!
The Interlocutory Appeals Act allows for appeal of…
nonfinal orders if the trial judge certifies that there is a controlling issue of law with a substantial ground for differing opinions.
The Collateral Order Doctrine allows for a court to exercise discretion over hearing an appeal on an issue if it is…
(1) distinct from the merits of the case;
(2) involves an important legal question; and
(3) is essentially unreviewable if the parties must await final judgment.
HYPO: The 11th Amendment provides that States (& arms of states) are immune from suit in Federal Court, but orders a federal agency to be sued anyways. Can the federal agency seek to have the issue reviewed by an appellate court as a collateral order?
Yes, the court would have discretion to take the appeal.
(meets all 4 elements of the test)
When there are multiple claims or parties in a matter, the district court may direct entry of final judgment as to one or all of them, but also must make an express finding that there is no…
just reason to delay appeal.
An extrodinary writ is…
an original appellate proceeding.
(writ of mandamus or writ of prohibition)
An extraordinary writ may be available when the district court is…
violating a clear legal duty.
When a district court decides questions of law, the appellate court reviews the decisions…
de novo
When a district court decides questions of fact, the appellate court reviews the decisions…
deferentially to the district court, unless the findings are clearly erroneous.
Findings of fact by a jury trial will be affirmed unless…
reasonable people could not have made the same finding.
