Appellate Review

Question 1

Final Judgment Rule

Answer 1

A final judgment is one that determines the merits of the entire case. To determine whether an order is a final judgment, ask: does the trial court have anything left to do on the merits of the case?

If yes, it is not a final judgment but an “interlocutory order”. If no, then, final judgment.

Question 2

When must notice of appeal be filed for final judgment?

Answer 2

WIthin 30 days

Question 3

Interlocutory Appeals of Injunctions as of Right

Answer 3

Orders grnating, modifying, or refusing preliminary or permanent injunctions are reviewable as of right despite may not being final

Question 4

Interlocutory Appeals Act

Answer 4

The IAA allows appeal of a nonfinal order if:

1. The district court 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 5

“Collateral Order” Doctrine

Answer 5

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 unreviewab;e if parties await a final judgment

Question 6

Class Actions?

Answer 6

A court of appeals has discretion to review an order granting or denying certification of a class action within 14 days of the order

Question 7

Standards of Review on Appeal

Answer 7

Questions of law? No deference given to district judge

Questions of fact in a bench trial? Will affirm unless clearly erroneous

Review of question of fact in jury trial? Will affirm unless reasonable people could not have made that finding

Review of discretionary matters? Abuse of discretion standard

Harmless error? Reversal not required if it did not affect the outcome of the case