Appellate Review

Question 1

When can a party appeal to the Court of Appeal?

Answer 1

Only when there has been a final judgment.

Question 2

If the judgment issued by the trial court isn’t final, it’s known as what?

Answer 2

An Interlocutory Order

Question 3

A party has received a final judgment and wishes to appeal. What must they do?

Answer 3

File a notice of appeal in the district court no more than 30 days after the trial court enters judgment.

Question 4

Which two interlocutory order are immediately appealable as a matter of right?

Answer 4

Preliminary injunction

Permanent injunctions

Question 5

A point is appealable to under the Interlocutory Appeals Act if which 4 requirements can be met?

Answer 5

1. The district judge certifies that involves a CONTROLLING ISSUE of LAW
2. For which there is a SUBSTANTIAL grounds of a DIFFERENCE of OPINION
3. An appeal would MATERIALLY ADVANCE the CONCLUSION of the case, and
4. At least two Court of Appeal judges agree to hear it

Question 6

Under the Collateral Appeal Doctrine, the Court of Appeal has discretion to hear which cases?

Answer 6

1. Where the issue is distinct from the merits of the case
2. It involves an important legal question
3. It would be unreviewable if the parties had to wait for final judgement

Question 7

If a class wants to have the Court of Appeal review an order granting or denying certification of a class action what must they do?

Answer 7

Seek a review of the order within 14 days

Question 8

When the Court of Appeal reviews a QUESTION of LAW, what standard does it apply?

And if it reviews the District court’s decision as to whether it granted a motion, (i.e. discretionary matters) what standard will CA apply?

Answer 8

De Novo for questions of law

Deferential if reviewing the granting/denial of motions

Question 9

Is the contents of a jury instruction if question of law?

Answer 9

Yes

But whether to give a particular instruction to the jury is reviewed for abuse of discretion.

Question 10

For a bench trial, the Court of Appeal will usually affirm the trial court’s decision unless what?

Answer 10

The findings are clearly erroneous

Question 11

In a jury trial, the Court of Appeal will defer to the jury’s finding of fact unless what?

Answer 11

Reasonable people would not have made that same finding of fact.