Post-Trial Procedure

Question 1

What is the final judgement rule?

Answer 1

Appeals available only from a final judgement.

• Becomes final when clerk dockets judgement.
• Must be filed within 30 days. But post-judgement motion will toll time.

Question 2

What are interlocutory orders?

Answer 2

Appealable immediately as of right.

• Injunctions
• Possession of property.

Discretionary

• Both trail and appellate court must agree.
• Trial court issues a certificate, appellate court can chose.

Question 3

What is the rule for appellate courts and class actions?

Answer 3

Discretion of appeal of certification.

Question 4

What is the collateral order doctrine?

Answer 4

Immediate appeal of collateral orders.

- Orders separable from main suit and important.

Question 5

What is a writ of mandamus?

Answer 5

Immediate a[peal of an order which is an abuse of authority.

Question 6

What are claim and issue preclusion generally?

Answer 6

Claim
- A final judgement on merits of claim bars re-litigation of claim by same parties or those in privity (raised or should have been raised).

Question 7

What are the three requirements for issue preclusion?

Answer 7

1. Same issues of fact in both cases
2. Issue must have been actually and necessarily been decided in first suit.
3. The party to be precluded must have been a party to the first suit.

Question 8

What are the three requirement for claim preclusion?

Answer 8

1. Final judgement on merits of first suit.
2. Second suit must be between same parties.
3. Second suit must involve same claim.

Note: applies to class-actions.