class 14 appeals

Question 1

appeals

Answer 1

Appeal lies from an error below, not from the judgment in general.
Issue on appeal: “The court [erred/abused its discretion] in [granting/denying motion; admitting/denying admission of evidence, etc.].”
3 Questions
Who may appeal?
When can you appeal?
What is the standard on appeal?

Question 2

Who May Appeal?2. Who Raised the Issue Below

Answer 2

If you don’t object, you waive the right to appeal on the issue.
Also, you can only advance on appeal the argument that you made below, although the respondent may advance other arguments for upholding the lower court’s decision.
See Rule 46 – no formal exception necessary
Exceptions to waiver doctrine: when the law has changed in a fundamental way; when it is “plain error”; or when it is lack of SMJ

Question 3

3. Who Was Not Deterred From Appealing

Answer 3

States may impose limits on appeals unless those limits arbitrarily discriminate against certain litigants (tenants, the poor).

Question 4

final judgement rule

Answer 4

A judgment is the final and official consideration and determination by the court of the matters in dispute – the last word of the law in a judicial controversy.
28 USC § 1291 The courts of appeals shall have jurisdiction of appeals from all final decisions of the district courts of the United States . . .

Question 5

what is a final decision

Answer 5

“one which ends the litigation on the merits and leaves nothing for the court to do but execute the judgment”

What is the reasoning behind allowing appeal only from a final decision?

Question 6

Final v. Interlocutory Appeals

Answer 6

28 USC § 1292(a) Interlocutory decisions from which immediate appeal is allowed:
granting, continuing, modifying, refusing or dissolving injunctions
appointing receivers, or refusing orders to wind up receiverships or take steps such as sales/disposal of property
determining certain rights and liabilities in admiralty cases

Question 7

Exceptions to the Final Judgment Rule

Answer 7

Rule 54(b):  Multiple claims or parties
1292(a):  Specific interlocutory appeals are allowed, including from judgments involving injunctions
1292(b):  The district judge may certify that the order “involves a controlling question of law as to which there is substantial ground for difference of opinion and an immediate appeal may materially advance the ultimate termination of the litigation,” upon which the court of appeals may “in its discretion” permit a timely appeal

Question 8

Defining the Moment of Judgment

Answer 8

To appeal, file a timely notice of appeal with the clerk of the district court.
Notice must be filed within 30 days (or 60 days for an appeal involving the US)
Rules allow extension of time for a party who did not receive notice of the entry of J or for excusable neglect or good cause
See Rule 58