Final Judgment Rule & Exceptions Flashcards
1
Q
final judgment rule
A
only a final judgment may be appealed
2
Q
final judgment
A
one that ends the entire litigation on the merits and leaves nothing for the court to do but execute on the judgment
3
Q
Rationale for final judgment rule
A
- promotes judicial economy
2. avoids delay
4
Q
interlocutory appeal
A
an appeal that is taken before a final judgment has been entered
5
Q
interlocutory order
A
an order that does not dispose of the entire action
6
Q
collateral order doctrine
A
an exception to the finality principle that allows review of interlocutory orders that are separable from the merits of the case, final, urgent, and involve important but unsettled questions of law
7
Q
An interlocutory order may be appealed as a collateral order if:
A
- the order conclusively determines a disputed question,
- the question is completely separate from the merits of the action, and
- the question involves an important right that would likely be irreparably lost if review of the question were to be delayed until after a final judgment, thereby making the question effectively unreviewable except upon an immediate appeal