Final Judgment Rule & Exceptions Flashcards

1
Q

final judgment rule

A

only a final judgment may be appealed

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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

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3
Q

Rationale for final judgment rule

A
  1. promotes judicial economy

2. avoids delay

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4
Q

interlocutory appeal

A

an appeal that is taken before a final judgment has been entered

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5
Q

interlocutory order

A

an order that does not dispose of the entire action

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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

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7
Q

An interlocutory order may be appealed as a collateral order if:

A
  1. the order conclusively determines a disputed question,
  2. the question is completely separate from the merits of the action, and
  3. 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
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