Appeals Flashcards
When does a federal circuit court have appellate jurisdiction?
Federal circuit court jurisdiction is limited, and federal court can only hear appeals seeking review of:
1. final judgement
2. order pertaining to preliminary injunctive relief
3. order pertaining to certification of a class
4. order that has been certified by the district court for appeals
5. a collateral order
When can an order granting or denying a preliminary injunction be appealed?
An order pertaining to preliminary injunctive relief issued by a district court can be appealed immediately
When can an order that has been certified by a district court be appealed?
An order that has been certified by a district court may be appealed immediately if the following conditions are met:
1. the order involves a controlling question of law
2. the issue of law is one on which there is a substantial difference of opinion
3. immediate appeal will materially advance the ultimate resolution of the action
When may a collateral order be appealed?
A collateral order may be appealed only in extremely narrow circumstances when the following are met:
1. order pertains to a matter unrelated to the merits of the case
2. order conclusively decides a particular issue
3. denying appeal until la final judgement has issued would effectively deny appellate review of the issue
What are appellate standards of review?
- question of law: de novo
- question of fact: clearly erroneous
- inherently discretionary question: abuse of discretion
What standard of review is applied to questions of law?
Questions of law are reviewed de novo with no deference to the lower court - the appellate court addresses the legal issue as if it had never been addressed
What is the standard of review regarding questions of fact?
Questions of fact are affirmed unless they are clearly erroneous
What is the standard of review applied ot inherently discretionary questions
When trial courts have discretion, the decision is reviewed using a deferential abuse of discretion standard
What is the harmless error rule?
An appellate court may affirm a decision if there was an error, but the error didn’t prejudice the parties
When is an appeal waived?
An appeal is waived if a party fails to challenge the decision at the time the lower court made it
What is time frame for filing an appeal?
Appellant must file notice within 30 days of the judgement or the order that is the subject of the appeal
What is the time limit for filing an appeal on class certification?
14 days following order
What is time frame for filing an appeal if a post-trial motion has been filed and denied?
If post-trial motion has been filed and denied, an ew 30-day period begins to run from the date of the denial
May an appeal be filed if a post-trial motion has been filed and granted?
No, if a post trial motion is granted, the judgement is no longer final and no appeal is permissible unless the order can be certified or characterized as a collateral order.
