Appellate Review Flashcards
Final Judgment Rule
Generally, a party has a right to appeal a court order only if it is a final judgment. A final judgment is one that determines the merits of the entire case.
Test - ask whether, after making the ruling, does the trial court have anything left to do on the merits of the case. (if yes, not a final order)
Notice of Appeal Timing
If the judgment is final, the notice of appeal must be filed with the district court within 30 days after entry of judgment that is being appealed
Interlocutory Appeal of Injunctions As of Right
Orders granting, modifying, or refusing a preliminary or permanent injunctions are appealable as of right despite the fact that the order may not be final
however this does not include TRO’s
However, if a TRO is renewed beyond 28 days, it becomes a preliminary injunction that may be appealed
Interlocutory Appeals Act
The interlocutory appeals act allows an appeal of a non-final order if:
1) the district judge certifies that it involves a controlling issue of law:
2) as to which there is a substantial ground for difference of opinion; and
3) the court of appeals agrees to hear it (discretionary)
Collateral Order Doctrine
The appellate court has discretion to hear an appeal or 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 final judgment
Appeal when there are multiple claims or parties (important for bar)
When more than one claim is presented, or when there are multiple parties, the district court may expressly direct entry of final judgment as to one or more of them if it makes an express finding that the is not reason for delay.
The issues of parties subject to this express entry of judgment can then appeal.
Appeal of Class Certification
The court of appeals has discretion to review an order granting or denying certification of a class action
The party seeking review must do so at the court of appeals within 14 days of the order
Extraordinary Writ of Mandamus or Prohibition
an extraordinary writ of mandamus or prohibition is an original proceeding in the court of appeals to compel the district judgment to make or vacate a particular order
This is available only if the district judge is violating a clear legal duty.
it is not a substitute to appeal
Standard of Review on Matters of Law
on appeal, when it is alleged that the trial judge erred on a pure matter of law, the court of appeal uses a de novo standard
this standard substitutes the appeal court’s judgment for the trial court - no deference is given to the trial judge
NOTE - this includes a jury instruction that summarizes a question of law
Standard of Review on Question of Fact in a Bench Trial
Clearly Erroneous Standard - the trial judge’s findings of fact will not be disturbed on appeal unless the findings were clearly erroneous (great deference)
Standard of Review on Question of Fact in Jury Trial
A factual determination by a jury will be affirmed on appeal unless reasonable people could not have made that finding
Standard of Review on Discretionary Matters
Abuse of Discretion - on discretionary matters the judge decides, the court of appeal will affirm unless the district court judge abused his discretion
Harmless Error
the court of appeal will affirm if the error was harmless - did not affect the outcome of the case
