Appellate Review Flashcards
Is the court limited to the demand for relief in the pleadings?
No - except in default cases
When may a court enter a final judgment as to fewer than all claims or parties?
Only on an express determination there is no just reason for delay and entry of judgment. If the court determines the merits as to some but not all parties or claims and makes no such determination, the judgment is not final and is not appealable.
When may a final decision on the merits be collaterally attacked for lack of subject matter jurisdiction?
Lack of subject matter jurisdiction may sometimes not be raised until after the conclusion of the appeals process. In this case, the court must determine whether the decision may be collaterally attacked (set aside in an independent proceeding). Factors: (1) whether lack of jurisdiction is clear, (2) jurisdiction is a question of law not fact (3) federal courts are courts of limited jurisdiction, (4) the question was not litigated, (5) strong policy against courts acting beyond jurisdiction
When and how may appeal be taken?
30 days from the entry of judgment by filing a notice of appeal with the district court
When may the 30 day clock for appealing a case be restarted?
A timely motion for RJMOL, new trial, or setting aside or amending the judgment terminates the 30 day clock, which will begin again upon the entry of an order on those motions. A notice of appeal filed during the pendency of those motions will become effective on final disposition of the motions
When may the district court extend the time to appeal?
On a showing of excusable neglect made 30 days from the expiration of the time to appeal. May be extended by either 30 days from the time it would have run or 14 days from the date of the order, whichever is longer.
When may the district court reopen the time to appeal?
May reopen the time to appeal for 14 days if: (1) the party did not timely receive notice of judgment, (2) motion for extension filed within the earlier of 180 days of judgment or 14 days of receiving notice of judgment , and (3) opposing party will not be prejudice
Which orders are reviewable?
Generally, only final ones with a few exceptions
What interlocutory orders are appealable as of right?
(1) injunctions (but not TROs)
(2) apptment of receivers
(3) some admiralty, patent infringement, and property cases
Under the Interlocutory Appeals Act, when is review discretionary?
When
(1) trial judge certifies that the interlocutory order (a) involves a controlling question of law (b) as to which there is a substantial grounds for difference of opinion and (c) immediate appeal from the order may materially advance the ultimate termination of litigation, and
(2) the court of appeals agrees to hear it
What is the collateral order rule?
When a claim or issue is separable from and collateral to the main suit and is too important to require deferring appellate review it may be classified as a judgment in a separate proceeding and eligible for review
Are orders granting or denying class action certification reviewable?
yes at the court’s discretion within 14 days after entry
What extraordinary measures can circumvent the final order rule?
Writs of mandamus (compelling a judge to act) and prohibition (prohibiting a judge from acting)
What is the standard of review on matters of law?
De novo review
What is the standard of review for findings of fact in a bench trial?
Will not be overturned unless clearly erroneous
