Civil Procedure _ Appealability & Erie

Question 1

Notice of Appeal filed within {#} days of {WHAT}:

APPEALS

Answer 1

• Filed within 30 days of judgment

Question 2

Grounds for Appeal: (3)

APPEALS

Answer 2

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

Question 3

Appellate Court:

APPEALS

Answer 3

• Generally reviews issues of LAW
• Deference to trial court for FACTS

Question 4

Appealing Errors

APPEALS

Answer 4

• Outcome would have been DIFFERENT
• No appeal if error was HARMLESS

Question 5

Final Judgments

APPEALS

Answer 5

• Only FINAL JUDGMENTS may be appealed

Question 6

Interlocutory Order:

APPEALS

Answer 6

• Order given before final judgment
• Generally, NOT appealable

Question 7

Interlocutory Order: (3)

Collateral Order Exception:

APPEALS

Answer 7

1) Conclusively determines disputed question
2) Resolves important issue separate from merits
3) Delay would cause irreparable damage

Question 8

Not Appealable:

APPEALS

Answer 8

• Lack of Jurisdiction
• Improper Venue
• Failure to Join an Indispensable Party

Question 9

Multiple Claims:

APPEALS

Answer 9

• One resolved claim is NOT a final judgment
• Unless the court finds “no reason to delay”

Question 10

Denial of Summary Judgment:

APPEALS

Answer 10

• Not appealable until after trial

Question 11

Order for New Trial:

APPEALS

Answer 11

• Not appealable

Question 12

Partial Final Judgment:

APPEALS

Answer 12

• Not preferred to avoid piecemeal appeals

Question 13

Appealable:

APPEALS

Answer 13

• Grant/Denial Injunctions
• Certification/Denial of Class Action

Question 14

De Novo:

STANDARDS OF REVIEW

Answer 14

• Issues of Law

Question 15

Abuse of Discretion: (4)

STANDARDS OF REVIEW

Answer 15

• Court Errors
• Relevancy
• Prejudice
• Admissibility

Question 16

Clearly Erroneous:

STANDARDS OF REVIEW

Answer 16

• Issues of Fact

Question 17

Erie Doctrine:

ERIE DOCTRINE

Answer 17

• Choice of Law
• Applies to DIVERSITY cases

Question 18

Federal vs. State Law:
-Apply State {WHAT} Law
-Apply Federal {WHAT} Law

ERIE DOCTRINE

Answer 18

• Apply State Substantive Law
• Apply Federal Procedural Law

Question 19

Venue:

ERIE DOCTRINE

Answer 19

• PROCEDURAL Issue
• Federal Law

Question 20

Statute of Limitations:

ERIE DOCTRINE

Answer 20

• SUBSTANTIVE Issue
• State Law

Question 21

State A vs. State B:

ERIE DOCTRINE

Answer 21

• Apply the law of the state where the Federal Court sits

Question 22

Temporary Restraining Order:

TEMPORARY RESTRAINING ORDER & PRELIMINARY INJUNCTION

Answer 22

1) No Prior Notice
2) Immediate Irreparable Harm
3) No longer than 14 days

Question 23

Preliminary Injunction:

Answer 23

1) Requires Notice & Hearing
2) Irreparable Injury
3) Likely to succeed on the Merits
4) Harm to moving party outweighs harm to other party