APPELLATE REVIEW

Question 1

FINAL JUDGMENT

Answer 1

right to appeal if there has been a final judgment
- 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 judge have anything left to do on the merits of the case?
- if yes, not a final judgement and it is an interlocutory order
Notice of appeal filed with the district court no more than 30 days after the entry of the judgment
- remand order generally not appealable
- time period is terminated if a timely RJOM, motion for a new trial, or a motion to set aside the judgment is made- a new 30 day time period will start

Question 2

INTERLOCUTORY (NONFINAL)

Answer 2

1. Orders reviewable as of right: orders granting, modifying or refusing preliminary or permanent injunctions
2. interlocutory appeals act: allows appeal of nonfinal order if:
   - the district judge certifies that it involves a controlling issue of law;
   - as to which there is substantial ground for difference of opinion; and
   - the court of appeals agree to hear it

Question 3

COLLATERAL ORDER DOCTRINE

Answer 3

Appellate court has the discretion to hear a ruling on an issue if that issue:
A. is distinct from the merits of the case
B. involves an important legal question; and
C. is essentially unreviewable if parties await a final judgment

Question 4

MULTIPLE CLAIMS AND PARTIES

Answer 4

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

Question 5

CLASS ACTION

Answer 5

Court of appeals has discretion to review an order granting or denying the ceritification of a class action 
- must seek review within 14 days of the order 
does not stay the proceedings of the district court unless the court of appeals or district court says so

Question 6

EXTRAORDINARY WRIT (MANDAMUS OR PROHIBITION)

Answer 6

**rarely tested
an original proceeding in the court of appeals to compel the district court judge to make or vacate a particular order
- not a substitute for appeal- only available if the DC is violating a clear legal duty

Question 7

STANDARDS OF REVIEW BY THE COURT OF APPEALS

Answer 7

1. De Novo: no deference is given to the district court judge. it is alleged that the judge made an error on a pure matter of law
2. on questions of fact: court of appeals will affirm unless findings are clearly erroneous. Will be affirmed on appeal if while reviewing the evidence in the light most favorable to affirming the jury’s verdict, a reasonable jury could have reached the same conclusion
3. mixed questions of law and fact: review de novo
4. discretionary matters: judges ruling will not be overturned on appeal unless it is plainly wrong or without an appropriate basis

Question 8

SCOTUS JURISIDCTION

Answer 8

1. by cert: granted before or after rendition of judgment or decree
2. by certification: any questions of law, scotus may give binding instructions or require the entire record to be sent to it for a decision on the entire case
3. Cases from the highest court of a state may be sent to SCOTUS on Cert where the validity of a treaty or federal statute is shown, where the validity of a state statute is drawn into question on the ground that it is repugnant to the constitution or a to a treaty or federal statute, or where any title, right, privilege or immunity is claimed under the federal constitution