Civil Procedure - Appeals and Erie

Question 1

To appeal a motion, you must have

Answer 1

File a notice of appeal within time limit
Grounds for appeal
Has to be a question of law
Error has to make a difference
Only final judgements may be appealed unless it is a Collateral order

Question 2

How long do you have to file a notice of appeal

Answer 2

within 30 days of judgements

Question 3

For grounds for an appeal you must have

Answer 3

stated an objection at trial or its waived
state grounds

Question 4

Appellate court will only look to

Answer 4

questions of law than fact

Question 5

When will a appellate court look to questions of fact

Answer 5

when it was clearly erroneous

Question 6

When will the appellate court not hear the appeal

Answer 6

when the error is harmless

Question 7

What is an interlocutory order

Answer 7

order given before the final judgement

Question 8

Are interlocutory order appealable

Answer 8

No unless it is considered a collateral order

Question 9

Collateral order def

Answer 9

Determines a right collateral to the main issues and the delay would significantly impair that right

Question 10

Elements for collateral order

Answer 10

Conclusively determines disputed question
Resolves important issues separate from merits
Delay would cause irreparable damage

Question 11

What is considered not a final judgement and thus not appealable

Answer 11

Decision on lack of jdx
Improper venue
Failure to join a indispensable party

Question 12

If there are multiple claims in a lawsuit and the judge enters an order on one of these claims it will be presumed not a final judgement and thus appealable unless

Answer 12

the courts finds there is no reason for delay and enters a final judgement on that particular issue

Question 13

When is a denial of summary judgement appealable

Answer 13

when the trial is over

Question 14

Is a order for a new trial appealable and why

Answer 14

no bc not a final judgement

Question 15

Can the judge issue a partial final judgement

Answer 15

Not preferred because they do not like peace meal appeals

Question 16

When will the court choose not to issue a partial final judgement

Answer 16

Reducing the amount of liability
Showing of hardship
Potential undue burden on the appellate court if it heard the case twice

Question 17

When will the court, other than a collateral order, allow a appeal before a final judgement

Answer 17

granting/denying injunctions before all decisions r decided
Certification or denying of a class action

Question 18

A writ of mandus is

Answer 18

review of the record shows that

Appeal would be insufficient to correct the problem
AND
Trial courts actions constitute a serious abuse of power in need of immidate rectification

Question 19

Standards of review - de novo is appropriate when

Answer 19

issue of law

Question 20

Example of denovo

Answer 20

reducing punitive damages award on the grounds that it is consitutionally excessive

Question 21

Standards of review - abuse of discretion

Answer 21

something the court does where there is an Issue of relevancy, prejudice, court decision, → abuse of discretion

Question 22

Standards of review - clearly erroneous

Answer 22

issues of facts

Question 23

Erie doctrine applies when

Answer 23

they make you choose between state and federal law in a diversity case

Question 24

When do you apply state substantive law in erie

Answer 24

Apply substantive state law UNLESS there is a federal procedure rule on point

Question 25

Proper venue in erie means you apply

Answer 25

Federal law because its procedural

Question 26

Statute of limitations you apply

Answer 26

State substantive law

Question 27

What happens if you have 2 states and you have to chose between one or the other in Erie

Answer 27

apply the law where the federal court states

Question 28

TRO does not need prior notice to the restraining party if

Answer 28

Appears from the facts that immediate irreparable harm will result
Expires than the time stated in the order and cannot exceed 14 days

Question 29

For a prelim injunction there must be

Answer 29

notice and a hearing before the injunction is given

Question 30

A party seeking a prelim injunction must show

Answer 30

If injunction is no tgranted Irreparable injury will occur
Likely to suceed on the merits of the case
The harm to the moving party from not granting the injunction will out weighs any harm if it is granted

Question 31

Unlike a TRO a prelim lasts

Answer 31

longer than 14 days

Question 32

What is the standard of review the appellate court will apply when overturning a jury’s finding of fact

Answer 32

if there is a complete lack of proof, such that no reasonable jury could decide the same way

Question 33

The court may convert the partial summary-judgment order into a final, appealable order by determining that

Answer 33

that there is no just reason to delay an appeal.