Appellate review Flashcards
multiple claims and parties
court may enter a final judgment as to fewer then all of the claims or parties only on an express determination that there is no just reason for delay and an entry of judgment.
final decision on merits may be valid despite lack of smj when…
1 lack of jurisdiction is clear
2 jurisdiction depends on a question of law, not fact
3 the court is of limited not general jurisdiction;
4. the question of jurisdiction was not litigated
5. strong policy exists against the court acting beyond its jurisdiction
time to file appeal
30 days after judgment, however, if file a renewed motion or motion for new trial 30 days begin to run after the order is set on that motion
Interlocutory orders as of right
injunctions, appointments of receivers, admiralty, patent infringement, and property possession cases. TRO not an injunction
interlocutory Appeals Act
review is discretionary when : 1. the trial judge certifies that the interlocutory order involves a controlling question of law, as to which there is substantial ground for difference of opinion, and immediate appeal from the order may materially advance the ultimate termination of the litigation, and 2. the court of appeals then agrees to allow the appeal
collateral order rule
if the claim or issue is separable from and collateral to the main suit, and is a claim too important to require deferring appellant review, it may be classified as a judgment in a separate proceeding and this appealable
Certification of class actions
an order granting or denying the certification of a class action may be reviewed at the court’s discretion within 14 days after entry of the order
orders made appealable or nonappealable by writ
in exceptional cases, the final order rule may be circumvented through the appellate writs of mandamus , compelling the judge to act, or prohibition, prohibiting the judge from acting.
SOR on matters of law
on appeal, when it is alleged that the trial judge erred on a pure matter of law, the appellate may substitute its judgment for that of the trial judge. de novo
on questions of fact SOR
not be disturbed unless clearly erroneous. they will be affirmed on appeal if while viewing the evidence in the light most favorable to affirming the jury’s verdict, a reasonable jury could have reached the same conclusion
SOR for mixed questions of law and fact
reviewed de novo. (ex. whether a set of facts meets a legal definition).
SOR for abuse of discretion
to consolidate or sever cases, whether to grant leave to amend a pleading, etc.
execution of judgments
not allowed for 30 days after entry except injunctions or recieverships
supreme court jurisdiction
the supreme court may review any case in the court of appeals by certiorari. the supreme court may review cases from the highest state court having jurisdiction over the case by certiorari when the validity of federal law is called into question or the validity of state law is called into question on the ground that it violates the constitution or federal law.
