Appeals

Question 1

Generally, appeals are only available for

Answer 1

final judgment,

Question 2

a judgment becomes final when

Answer 2

entered into by the clerk of court on the court’s docket

Question 3

A court may enter a final judgement on some claims by

Answer 3

expressly declaring the order as final

Question 4

There are 2 interlocutory orders that are appealable as of right

Answer 4

1) an order granting or modifying an injunction

2) An order that changes or affects possession of property

Question 5

Any interlocutory order can be appealable if

Answer 5

1) The trial and appellate court agree to follow the appeal

2) The Trial court issues a certificate for an appeal stating that

1) The issue involves a controlling question of law that has grounds for different opinons; and

2) The immediate appeal may materially advance termination of litigation

Question 6

Appeallate courts have discretion to hear interlocutory appeals from orders

Answer 6

certifying/refusing to certify class actions

Question 7

Collateral order doctrine

Answer 7

are too important to deny immediate review

Question 8

Writ of mandamus

Answer 8

Provides appellate review of an order that is an abuse of authority

Question 9

Standard of review for questions of law

Answer 9

de novo

Question 10

standard of review for questions of fact

Answer 10

Jury verdict must be affirmed if supported by substantial evidence

Question 11

Standard of review for matters of discretion

Answer 11

Abuse of discretion