Final Judgment; Appellate Review

Question 1

Final Judgment —

Answer 1

a judgment that determines the merits of the entire case. To determine whether an order is a final judgment, we must ask: after making the ruling, does the trial court have anything left to do on the merits of the case.

Question 2

Where and when do you file a notice of appeal?

Answer 2

With the district court no more than 30 days after the final judgment.

Question 3

When the district court decides questions of law, what standard does the Court of Appeals use?

Answer 3

De novo

Question 4

The content of a jury instruction is a question of __________.

Answer 4

law

Question 5

In a non-jury trial, when the district judge makes findings o fact, the court of appeals will affirm unless . . .

Answer 5

the findings are clearly erroneous

Question 6

In a jury trial, when the jury decides questions of fact, the court of appeals will affirm unless . . .

Answer 6

reasonable people could not have made that finding.

Question 7

On discretionary matters, the court of appeals will affirm unless . . .

Answer 7

the district court abused its discretion

Question 8

An error of law will not be overturned on appeal if . . .

Answer 8

it is harmless.

Question 9

As a general rule, only ______________ may be appealed from the federal district courts to the federal courts of appeal.

Answer 9

final judgments

Question 10

What are the so-called motions to dismiss?

Answer 10

there are several types, but the most common are 1) lack of jurisdiction; 2) failure to state a claim (R. 12b6); and 3) motions for summary judgment.

Question 11

Is the denial of a motion to dismiss a final judgment?

Answer 11

no

Question 12

Interlocutory Appeal

Answer 12

an appeal of something that is not a final judgment. These are granted in very limited circumstances.

Question 13

What are the limited grounds under which an appellate court will review an interlocutory appeal?

Answer 13

orders denying sovereign or qualified immunity; discovery imposed on a disinterested third party; pretrial decisions compelling medication; psychological examination of a
defendant; and denial of a certification of a class in a class lawsuit.

Question 14

Collateral Order Doctrine

Answer 14

certain orders are characterized as final for appeal purposes, despite not terminating any part of the action.

Question 15

How is a collateral order determined to be “final” for appeals purposes?

Answer 15

the lower court must have made its final determination of the matter in question.

Question 16

A collateral order that is determined to be “final” for appeals purposes can be immediately appealed if . . .

Answer 16

1) the matter is separate from the merits of the claim being pursued; 2) the matter is too important to be denied appellate relief; and 3) deferring appeal until entry of a final judgment in the whole case would prevent the eventual review from being effective in the circumstances.