Civ Pro Flashcards
Forum Non Conviens
Allows a federal court to dismiss or stay a lawsuit when state or foreign judicial system is better suited to hear the case. The court will weigh several private and public interest factors.
Private Interest:
1. Accessibility of evidence
2. Availability of witnesses
3. Burden on defendant
4. Enforceability of judgment
Public Interest:
1. Ability to comprehend substantive law
2. Choice of law
3. Interest of jury/community
4. Functionality of foreign judicial system
Final Judgment Rule
Federal courts of appeals have JDx over appeals from final judgments of the district courts. A final judgment is a decision by the court made on the merits (rather than technicality) that leaves nothing for the court to do but execute the judgment. Notice of appeal must be filed w/i 30 days of judgment.
Interlocutory Order Appealability
Most interlocutory orders are not immediately appealable. Some are however
Federal Ct:
1. Injunctions (granting/modifying/refusing/disolving
2. Refusing to appoint a receiver
3. Admiralty Cases
In addition, CA allows
1. Order made after an appealable judgment
2. Order granting motion to quash service or forum non conveniens
3. Order granting new trial/denying MJNWV
4. Granting/dissolving/refusing an injunction
5. interlocutory judgment directing payment of monetary sanctions
Collateral Order Doctrine
Court of Appeals has discretion to hear and rule on a D.C. order if it
1. conclusively determines the disputed question
2. Resolves an important issue completely separate from the merits of the action
3. is effectively unreviewable on appeal from final judgment
Examples: denying soveriegn/qualified immunity; discovery imposed on disinterested 34rd parties; pretrial decisions compelling medication or psychological exam.
CAFA
