Civ Pro-Appealability & Erie

Question 1

Deadline to file notice of appeal

Answer 1

W/in 30 days of judgment

Question 2

Preserving grounds for appeal

Answer 2

You generally must make objections at trial about the issues you would want to raise later on appeal (if you don’t, then they are waived*)

Question 3

Appellate ct’s role in reviewing issues, generally

Answer 3

Appellate ct:
Generally reviews issues of LAW, and
Defers to trial ct for issues of FACT (unless Clearly Erroneous, see later card on Std of Review)

Question 4

Appealing errors, generally (prejudicial vs harmless error)

Answer 4

Outcome would have been DIFFERENT (i.e., PREJUDICIAL)
No appeal if error was HARMLESS

Question 5

Appealability (Final Judgment on the merits generally required)

Answer 5

Generally*, only final judgment may be appealed
*See later cards for exceptions

Question 6

Interlocutory Order; Collateral Order Exception

Answer 6

An interlocutory order issued before the final judgment is generally NOT appealable, UNLESS it’s a
Collateral order: if an order determines a right that is collateral to the main issue and the delay would seriously impair that right, meeting all of the following:
(1) the order conclusively determines the disputed Q
(2) it resolves an important issue completely separate from the merits of the action, AND
(3) it makes effectively unreviewable on appeal from the final judgment (i.e., any delay would cause significant irreparable damage)

Question 7

NOT Final Judgments & NOT appealable

Answer 7

(1) lack of Jx
(2) improper venue
(3) failure to join an indispensable party
(4) ONE resolved claim (of several) is generally NOT a final judgment, unless the ct finds there is no reason for delay and enters a FINAL judgment on that particular issue
(5) denial of Summary Judgment is not appealable until after the trial
(6) order for a new trial is not appealable until after the new trial

Question 8

Can the judge issue a partial final judgment?

Answer 8

Yes, although it’s generally not preferred since it would lead to piecemeal appeal

Question 9

Exceptions to the Final Judgment Rule where appeals are allowed

Answer 9

(1) Injunctions: granting/denying of injunctions is appealable
(2) Certification/denial of a class action is appealable

Question 10

Standards of Review

Answer 10

Issue of Law: de novo
Issue of Fact (by the judge): clearly erroneous
Issue of Fact (by the jury): no reasonable jury could have reached the same conclusion
Mixed Q’s of Law and Fact: de novo
Trial Ct’s Discretionary Decision: abuse of discretion

Question 11

Erie Doctrine; Choice of Law

Answer 11

Choice of Law
Diversity case
(1) Federal vs State law: apply STATE SUBSTANTIVE law (e.g., statute of limitations, choice of law rules) and FEDERAL PROCEDURAL law (e.g., venue, FRCP)
(2) State A substantive vs State B substantive law: apply law of the State where the fed ct sits

Question 12

TRO

Answer 12

Can be granted w/o prior notice to the restrained party, if it appears from the facts that immediate irreparable harm will result; expires at the time stated in the order (no longer than 14 days)

Question 13

Preliminary Injunction

Answer 13

Requires notice and a hearing, must show:
(1) if the injunction is not granted, irreparable injury will occur
(2) moving party is likely to succeed on the merits of the case
(3) harm to the moving party (from not granting the injunction) outweighs the non-moving party’s harm (if injunction is granted)