Appellate review

Question 1

Appellate jurisdiction

Answer 1

appellate courts are courts of appellate jurisdiction and therefore jurisdiction over only appeals

Question 2

Rule of appellate jurisdiction

Answer 2

only FINAL ORDERS can be appealed to appellate court

Question 3

definition of a final order

Answer 3

order which leaves nothing else to be done in lower court

Question 4

Exceptions to final order rule

Answer 4

1) partial final order

2) Discretionary appeals of interlocutory orders

Question 5

Partial final order

Answer 5

order that resolves some claims against some parties but not all claims against all parties. If find no just reason to delay appeal

Question 6

Do both courts need to agree for interlocutory orders

Answer 6

Yes, both trial and court and appeals court

Question 7

requirements for interlocutory order (3)

Answer 7

both trial cour and appellate court must find

1) doubt: order is close call
2) controlling issue of law, such that
3) appellate review would materially advance litigation

Question 8

time requirements for appeals

Answer 8

notice of appeal must be filed in lower federal court w/i 30 days since day of entry of order which appealing

Question 9

Standards of review for appeal (3)

Answer 9

1) Questions of law: De Novo
2) Questions of fact: clearly erroneous
3) Questions of case management: reserve is only ABUSE OF DISCRETION (very hard)

Question 10

what are the 3 cases where a final judgment is not needed for an appeal

Answer 10

1) granting or denying TRO
2) granting or denying Injunction
3) class action certification