Appellate Review

Question 1

Final Judgment RUle

Answer 1

Losing party can only appeal if the courts order is a FINAL JUDGMENT (one that determiens the merits of the ENTIRE CASE).

Remands are not reviewable on appeal.

Question 2

Notice of Appeal

Answer 2

Must be filed within 30 days after entry of the judgment being appealed.

Question 3

Interlocutory Appeals

Answer 3

If order is not final judgment, may be appealed using an interlocutory doctrine.

Question 4

Interlocutory appeals of injunctions as of right

Answer 4

Injunction grants, refusals, mods are Reviewable as of right. DOES NOT include TROs.

Question 5

Interlocutory Appeals Act

Answer 5

Allows appeal of a nonfinal order if:
1) District judge certifies that it involves a controlloing 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 6

Collateral Order DOctrine

Answer 6

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

Question 7

Interlocutory Appeals - Multiple claims AND parties

Answer 7

When >1 claim in case, OR when multiple parties, district court may expressly direct entry of a final judgment as to one or more of them if it makes express finding of no reason to delay.

Question 8

Interlocutory Appeals - Class Actions

Answer 8

Appeals Court has discretion to review an order granting or denying certification of a class action.

Seeking party: within 14 days of order with court of appeals.

Question 9

Extraordinary Writ (Mandamus or Probition)

Answer 9

An original proceeding in the court of appeals to compel the district judge to make or vacate a particular order.

Only available if the District court is violating a clear legal duty.

Question 10

Standards of Review on Appeal

Answer 10

Questions of law: No deference given to district judge

Questions of fact in bench trial: Affirmed unless clearly erroneous.

Questions of fact in jury trial: Affirmed unless reasonable people could not have made that finding.

Discretionary Matters: (such as granting motions, amending pleadings): affirmed unless district court judge abused disctereion.

Harmless errors don’t matter.