Civil Procedure - Appeals Flashcards
Federal circuit courts can only hear appeals about . . .
Final Judgments EXCEPT
(1) Order pertaining to preliminary injunctive relief
(2) Order pertaining to a certification of a class
(3) Order that’s been certified by the district and appellate courts for review
(4) Collateral Order – order must pertain to matter unrelated to the merits, conclusively denies a particular issue, and delaying appeal until final judgment would deny appellate review of the issue.
Standard of Review - Questions of Law
De Novo - as if it had never been addressed before
Standards of Review - Questions of Fact
Affirm unless clearly erroneous
Standards of Review - Inherently Discretionary Questions
Abuse of Discretion
When must an appellant file notice of appeal?
Within 30 days of the judgment (or within 30 days of the order being subjected to appeal)
OR
Class certification - within 14 days
OR
post-trial motion and it’s denied? new 30-day period runs for appeal.
NOTE: No appeal granted if post-trial motion is granted unless order can be certified or characterized as collateral order
Claim Preclusion
Precludes a party from subsequently re-litigating any claim that was or could have been raised
Invoked when:
(1) Parties are identical/in privity
(2) Prior judgement was rendered by a court of competent jx
(3) Final judgment on the merits in prior action; AND
(4) Same claim was involved in both actions
Issue Preclusion
Precludes a party from attempting to retry an issue if there had been a final judgment on the merits by a court of competent jurisdiction
(1) Issue needs to be identical to the issue decided in the prior action & (2) issue was actually litigated, determined, and essential in the prior action;
(3) Party against whom enforcement is sought had a full and fair opportunity to litigate in the prior action
Which amendment guarantees right to a trial bu jury in common law where controversy exceeds $20?
7th Amendment – guarantees right to jury when seeking damages (not equitable relief)
When must a demand for trial by jury be made?
Just one party needs to want it.
Must be filed no later than 14 days after last pleading directed to the jury-eligible issue is filed
Party exercising the right must file and serve on other parties a written demand for jury trial
Jury Instructions - Modifications and Objections
Can propose particular instructions no later than the close of all evidence.
Objections must be done before the jury begins deliberations (but if informed before they’re read, must be made before closing argument)
Jury Verdicts
Must be unanimous
Remedies if jury verdict and answers to questions are inconsistent
(1) Order a new trial
(2) Order the jury to re-deliberate; or
(3) Enter the verdict appropriate to the specific answers
Bench trial
State facts “specially” and state conclusions of law separately
Motion for Judgment as a Matter of Law
During jury trial only
Granted if:
(1) party against whom enforcement is entered has been fully heard on the issues and
(2) party lacks sufficient evidence to prevail on an issue necessary to a claim or defense
Post-Trial Motions
(1) Renewed Motion for JMOL
(2) Motion for New Trial
(3) Motion for Relief from Judgment
