Appellate Review/Claim and Issue Preclusion Flashcards

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1
Q

When does a losing party have the right to appeal?

A

If the court’s order is a final judgment.

A final judgment determines the merits of the entire case.

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2
Q

If the judgment is final, where and when is the notice of appeal filed?

A

Notice of appeal must be filed with the district court within 30 days after entry of the judgment that is being appealed.

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3
Q

Interloctutory Appeals Act allows appeal of a nonfinal order if:

A
  • 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 agrees to hear it.
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4
Q

The appellate court has discretion to hear an appeal on an issue if that issue:

A
  • is distinct from the merits of the case;
  • involves an important legal question; and
  • is essentially unreviewable if parties await a final judgment.
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5
Q

What is claim preclusion (res judicata)?

A

A claimant may sue only once to vindicate a claim. So you only get one case in which to seek recovery for all rights to relief for that claim.

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6
Q

For a claim to be precluded, three things must be true:

A
  1. same claimant suing same defendant
  2. valid, final judgment on the merits
  3. case 1 and case 2 must be the same claim.
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7
Q

Five Requirements for Issue Preclusion

A
  1. Case 1 ended in valid, final judgment on the merits
  2. same issue actually litigated and determined in case 1
  3. issue was essential to judgment in case 1
  4. against whom is preclusion used? (due process factor)
  5. by whom is preclusion used? (mutuality rules)
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