Finality and Appellate Review

Question 1

Res Judicata

Answer 1

Claim has been fully/fairly litigated to final judgment on merits.

Question 2

Collateral Estoppel

Answer 2

Issue has been fully/fairly litigated to final judgment on merits.

Question 3

Finality Rule

Answer 3

Parties barred/preculaded from re-litigating claims/issues which they have already fully/fairly litigated to a final judgment.

Question 4

Appellate Jurisdiction

Answer 4

Appellate courts are courts of appellate jurisdiction therefore have jurisdiction over appeals only.

Question 5

Rule for Appellate Jurisdiction

Answer 5

May review only final ordered entered y lower courts.

Question 6

Final Order for Appellate Review

Answer 6

Order that leaves nothing left to be done in lower court.

exception: partial final order and Interlocutory Orders.

Question 7

Time Requirement for Appeal

Answer 7

File notice of appeal in lower court within 30 days of entry of judgment.

Question 8

Partial Final Order

Answer 8

Resolves some claims but not all. May appeal right away if lower court finds not just reason to delay appeal

Question 9

Interlocutory Orders

Answer 9

If both Trial AND Appellate Court find: order is doubtful, controlling issue of law and appellate review would materially advance litigation.