Appellate Review

Question 1

Final Judgment Rule

Answer 1

• losing party has right to appeal if court’s order is a final judgment
• to determine whether an order is a final judgment, ask “after making the ruling”
  -> does the trial ct have anything more to do on the merits of the case? (final judgment if no)

Question 2

Notice of Appeal - Timing

Answer 2

• must file w/ district court w/in 30 days after entry of the judgment that is being appealed

Question 3

Interlocutory Appeals - Injunctions

Answer 3

• orders granting, modifying, or refusing preliminary or permanent injunctions are reviewable as of right despite the fact that the order may no be final
• BUT this type of review doesn’t include TROs

Question 4

Changing Nature of TROs

Answer 4

• good for max 14 days
  -> renewable for up to another 14 days
• if TRO renewed beyond 28 days, it ceases to be a TRO but rather becomes a preliminary injunction that may be appealed
  -> ct can’t avoid review + procedural reqs of prelim inj by extending TRO

Question 5

Interlocutory Appeals Act

Answer 5

Allows appeal of a nonfinal order if:
- district judge certifies that it involves a controlling issue of law
- as to which there is substantial ground for difference of opinion AND
- court of appeals agrees to hear it

Question 6

Collateral Order Doctrine

Answer 6

Appellate ct has discretion to hear an appeal on an issue if that issue:
- is distinct from the merits of the case
- involves an important legal q AND
- is essentially unreviewable if parties await a final judgment

Question 7

Final Judgments - Multiple Claims and Parties

Answer 7

• when more than one claim is presented in a case, or when there are multiple parties, the district court may expressly direct entry of a final judgment as to one or more of them if it makes an express finding that there’s no just reason for delay

Question 8

Appeal - Certification of Class Actions

Answer 8

• court of apps has discretion to review an order granting or denying certification of a class action
• party seeking review must do so at the court of appeals w/in 14 days of the order
• appeal doesn’t stay the proceedings at district court unless court of apps or district court says so

Question 9

Extraordinary Writ

Answer 9

• mandamus or prohibition
• original proceeding in the court of appeals to compel the district judge to make or vacate a particular oder
• not a substitute for appeal
• available only if the district court is violating a clear legal duty

Question 10

Standard of Review - Questions of Law

Answer 10

• de novo
• NO deference given to the district judge when reviewing the decision
• includes review of when judge gives jury instruction summarizing the law

Question 11

Standards of Review - Questions of Fact in Bench Trial

Answer 11

• affirm unless the findings are clearly erroneous

Question 12

Standards of Review - Questions of Fact in Jury Trial

Answer 12

• affirm unless reasonable people couldn’t have made that finding

Question 13

Review of Discretionary Matters

Answer 13

• affirm unless district court judge abused her discretion
• don’t need to agree w/ decision, just need to affirm as long as it’s “in the ballpark
• ex: whether to grant motion to amend pleadings, allow permissive intervention, etc. -> anything where district court has discretion, review under abuse of discretion standard

Question 14

Harmless Error

Answer 14

• not every error (even an error of law) requires reversal on appeal
• no reversal required if the error is harmless (didn’t affect outcome of case)