Civ Pro - Appeals, Standard, Choice of law

Question 1

Filing notice of appeal

Answer 1

within 30 days of judgment

Question 2

Grounds for appeal

Answer 2

1. Objections made at trial
2. Must state grounds
3. Waived if not preserved

Generally reviews issues on laws and gives trial court deference for facts unless facts clearly erroneous

Question 3

Appealing errors

Answer 3

○ Outcome would have been DIFFERENT
No appeal if harmless

Question 4

Appeal - Not allowed/scope

Answer 4

• Must have a final judgment
  ○ Can’t appeal Interlocutory order (given before final judgment).
  - Except: collateral orders can be appealed
  1. Conclusively determines that disputed question
  2. Resolves an important issue that is separate from merits
  3. Delay causes irreparable damages / unreviewable on appeal from final judgment

Cannot appeal:
- Lack of jurisdiction
- Improper venue
- Failure to join an indispensable party
- Denial of SJ (until after trial)
- Order for new trial

	○ Partial final judgment: not preferred to avoid piecemeal appeals
	○ Can appeal:
		- granting/denying of injunctions Certification/denial of class action

Question 5

Appeal - Multiple claims

Answer 5

• One resolved claim is NOT a final judgment
  Cannot appeal unless court finds no reason for delay and issues final judgment on that claim

Question 6

Standard of Review - de novo

Answer 6

Issues of law

Question 7

Standard of Review - abuse of discretion

Answer 7

Court errors, relevancy, prejudice, admissibility

Question 8

Standard of Review - clearly erroneous

Answer 8

Issues of fact

Question 9

Erie Doctrine

Answer 9

choice of law in diversity cases

- Apply state substantive law
	○ Conflict/choice of law rules
	○ Elements of a claim or defense
	○ Statute of limitations (and tolling)
	○ Standard for granting new trial because damages was excessive or inadequate
- Apply federal procedural law
	○ Venue.  State vs state: apply the law of the state where the federal court sits

Question 10

TRO

Answer 10

granted without prior notice to other party if appears that immediate, irreparable harm will result. Max 14 days.

Question 11

Preliminary injunction

Answer 11

notice and hearing required. must show irreparable injury; likely to succeed on the merits; harm to the movant outweighs harm to nonmovant