Appellate Review (mod 13) Flashcards
Final judgment rule
Losing party has a right to appeal if the court’s order is a final judgment
Final judgment is one that determines the merits of the entire case
- does the trial court have anything left to do on the merits of the case?
Notice of appeal
Must be filed with the district court within 30 days after entry of the judgment that is being appealed
Interlocutory appeals
Interlocutory orders are generally not appealable but some exceptions
Interlocutory appeals of injunctions
Interlocutory appeals act
Collateral order doctrine
Multiple claims and parties
Class action
Writs of mandamus
Appealability of injunctions
Orders granting, modifying, or refusing preliminary or permanent injunctions are reviewable as of right despite the fact that the order may not be final
Does not include TROs unless TROs extend past 28 and are then a prelim injunction
Appeals through interlocutory appeal act
Allows appeal of a nonfatal 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,
- likely to further litigation, and
- court of appeals agrees to hear it
Collateral order doctrine
Discretion to hear an appeal on an issue if that issue
- is distinct from the merits of the case
- involves an important legal question, and
- is essentially unreviewable if parties await a final judgment
Very few that meet third test
- lost immunity will satisfy it
Appeals - multiple claims and parties
When more than one claim is presented in a case, or when there are multiple parties, the district court may expressly direct entry of a final judgment as to one or more of them if it makes an express finding that there is no just reason for delay
Appeals - class actions
Court of appeals has discretion to review an order granting or denying class certification of a class action
Party seeking review must do so at the court of appeals within 14 days of order
Appeal does not stay proceedings at district court unless the court of appeals or district court says so
Writ of mandamus
Original proceeding in the court of appeals to compel the district judge to make or vacate a particular order
Not a substitute for appeal
Available only if the district court is violating a clear legal duty
Standard of review of questions of law
De novo standard - no deference is given to the district judge
Included is when a judge gives a jury instruction that summarizes a question of law
Standard of review of questions of fact in a bench trial
Will affirm unless the findings are clearly erroneous
Standard of review of questions of fact in a jury trial
Great deference
Court of appeals will affirm unless reasonable people could not have made that finding
Standard of review of discretionary matters
Will affirm unless the district court judge abused her discretion
- deferential standard
As long as what the district court judge did was in the ballpark, decision must be affirmed
Content of jury instructions is de novo but whether to give a particular jury instruction is abuse of discretion
Harmless error
No reversal is required if the error is harmless - did not affect the outcome of the case
