Post-Trial Procedure

Question 1

Rule for Appellate review when an error occurs

Answer 1

An appellate court may, but is not required to, hear an immediate appeal of a certification decision rendered by the district court.

Question 2

Equitable orders Reviewable as a matter of right Rule

Answer 2

While most interlocutory orders are not immediately appealable, certain equitable orders are reviewable immediately as a matter of right, including an order granting an injunction.

Question 3

Rule for when an Appeal is Stayed

Answer 3

If an appeal is permitted, it will not stay proceedings in the district court unless the district court or the court of appeals so orders

Question 4

Admissibility of Evidence Rule

Answer 4

A court’s determination of the admissibility of evidence is within the court’s discretion and is subject to review under the abuse of discretion standard.

Question 5

Collateral Estoppel (Issue preclusion)

Answer 5

The doctrine of collateral estoppel, also known as issue preclusion, precludes the re-litigation of issues of fact or law that have already been necessarily determined by a judge or jury as part of an earlier claim.

Offensive use of collateral estoppel (i.e., use by a nonparty against a party to the original suit) is permitted.