Civil Procedure (Appeals)

Question 1

What is the deadline for filing an appeal after a post-trial motion has been denied?

Answer 1

Within 30 days of the denial of the post-trial motion

Question 2

What are the four standards of review on appeal?

Answer 2

1. de novo
2. clearly erroneous/clear error
3. substantial evidence
   4 abuse of discretion

Question 3

What standard of review is applied to questions of law on appeal?

Answer 3

De novo

Question 4

What standard of review is applied to mixed questions of law and fact on appeal?

Answer 4

De novo

Question 5

What standard of review is applied to questions of fact from a bench trial decision on appeal?

Answer 5

clearly erroneous/clear error

Question 6

What standard of review is applied to questions of fact from a jury trial on appeal?

Answer 6

substantial evidence

Question 7

What standard of review is applied to discretionary rulings on appeal?

Answer 7

abuse of discretion

Question 8

Conclusions of law and jury instructions are what type of question on appeal?

Answer 8

Legal questions

Question 9

Whether a set of facts meets a legal standard/definition is what type of question on appeal?

Answer 9

Mixed question of law and fact

Question 10

The credibility of witnesses, factual determinations, and verdicts are what type of questions on appeal?

Answer 10

Factual questions

Question 11

Approval/denial of an injunction and decisions on the admissibility of evidence are what type of questions on appeal?

Answer 11

Discretionary rulings

Question 12

What is the de novo standard of review?

Answer 12

Giving no deference (ignores) to the trial court’s findings, the appellate court will reverse the trial court’s decision if the appellate court has a reasonable belief that the trial court misrepresented the law

Question 13

What is the clear error/clearly erroneous standard of review?

Answer 13

Giving high deference (consideration) to the trial court’s findings, the appellate court will reverse the trial court’s decision if no reasonable judge could have made the same findings

Question 14

What is the substantial error standard of review?

Answer 14

Giving high deference (consideration) to the jury’s findings, the appellate court will reverse the jury’s decision if no reasonable jury could have made the same findings

Question 15

What is the abuse of discretion standard of review?

Answer 15

Giving high deference (consideration) to the trial court’s findings, the appellate court will only reverse the trial court’s decision if it as arbitrary or unreasonable

Question 16

What is the deadline to file a notice of appeal?

Answer 16

• Within 30 days of the entry of a final judgment/order that is appealable; or
• Within 60 days of the entry of a final judgment/order that is appealable IF the U.S. or a federal agency is a party to the case

Question 17

What court hears appeals from the federal district courts?

Answer 17

Federal courts of appeal

Question 18

What is a final judgment?

Question 19

What is an interlocutory order?

Answer 19

An order issued during the court of litigation that does not decide the merits of the entire case

Question 20

Does an interlocutory order satisfy the final judgment rule?

Answer 20

No

Question 21

Which interlocutory orders can be appealed as of right?

Answer 21

1. granting/denying an injunction;
2. appointing/refusing to appoint a receiver;
3. orders directing the sale/disposal of property;
4. patent orders;
5. orders denying arbitration