Post-Trial Procedure

Question 1

Appeals

Answer 1

if more than one claim is presented in case, or there are multiple parties, a district court may direct entry of a final judgment as to one or more issues/parties, but only if the court expressly determine there is no just reason for delay

Question 2

Reason for granting a new trial

Answer 2

purely de novo (question of law)

Question 3

Grounds for new trial

Answer 3

within sound discretion of the trial court, and reviewed on appeal only for abuse of discretion

Question 4

Final Judgment rule

Answer 4

resolves all the claims of all the parties on the merits.

Question 5

Notice of Appeal

Answer 5

must be filed within 30days of entry of judgment.

a timely post-judgment motion tolls/suspends the 30 day limit

Question 6

Interlocutory Orders Immediately Appealable as of Right

Answer 6

injunctions

and any order that changes or affects possession of property

Question 7

Issue Preclusion (collateral estoppel)

Answer 7

1. the same issue of fact must arise in two suits
2. That issue must have been actually and necessarily decided in the first suit
3. the party to be precluded must have been a party to the first suit.

Question 8

Claim Preclusion (res judicata)

Answer 8

final judgment on the merits, original an later filed c/a must be sufficiently identical to be barred. P and D must be the same and in the same roles.