Civil Procedure _ Appealability & Erie Flashcards
1
Q
Notice of Appeal filed within {#} days of {WHAT}:
APPEALS
A
- Filed within 30 days of judgment
2
Q
Grounds for Appeal: (3)
APPEALS
A
1) Objections made at trial
2) Must state grounds
3) Waived if not preserved
3
Q
Appellate Court:
APPEALS
A
- Generally reviews issues of LAW
- Deference to trial court for FACTS
4
Q
Appealing Errors
APPEALS
A
- Outcome would have been DIFFERENT
- No appeal if error was HARMLESS
5
Q
Final Judgments
APPEALS
A
- Only FINAL JUDGMENTS may be appealed
6
Q
Interlocutory Order:
APPEALS
A
- Order given before final judgment
- Generally, NOT appealable
7
Q
Interlocutory Order: (3)
Collateral Order Exception:
APPEALS
A
1) Conclusively determines disputed question
2) Resolves important issue separate from merits
3) Delay would cause irreparable damage
8
Q
Not Appealable:
APPEALS
A
- Lack of Jurisdiction
- Improper Venue
- Failure to Join an Indispensable Party
9
Q
Multiple Claims:
APPEALS
A
- One resolved claim is NOT a final judgment
- Unless the court finds “no reason to delay”
10
Q
Denial of Summary Judgment:
APPEALS
A
- Not appealable until after trial
11
Q
Order for New Trial:
APPEALS
A
- Not appealable
12
Q
Partial Final Judgment:
APPEALS
A
- Not preferred to avoid piecemeal appeals
13
Q
Appealable:
APPEALS
A
- Grant/Denial Injunctions
- Certification/Denial of Class Action
14
Q
De Novo:
STANDARDS OF REVIEW
A
- Issues of Law
15
Q
Abuse of Discretion: (4)
STANDARDS OF REVIEW
A
- Court Errors
- Relevancy
- Prejudice
- Admissibility
