After Final Judgement

Question 1

To appeal a party must

Answer 1

suffer an adverse outcome

Question 2

Must preserve an issue to appeal by

Answer 2

objecting unless error is plain

Question 3

Appeal must be from

Answer 3

a final judgment rule or interlocutory appeal

Question 4

Must file an appeal within

Answer 4

30 days unless one of the parties is the US then it is 60 days

Question 5

Appellate court reviews

Answer 5

only errors that have been objected to unless plain error

• Only consider appellant’s arguments that were actually raised
• Always consider subject matter jurisdiction

Question 6

Review-ability requires

Answer 6

• Prejudicial
• Preserved
• Presented

Question 7

Interlocutory Appeal Requires

Answer 7

• Collateral
• Conclusive
• Important
• Cannot be brought at another time

Question 8

Exceptions to the Finality Principle

Answer 8

• Rule 54b allows the court to enter final judgment on certain claims or parties
• Preliminary Injunctions
• Dual key mechanism (District and Appellate judges must both agree this is a good interlocutory appeal)
• Writ of Mandamus (Orders the trial court to do something; extraordinary situations and very high burden to get one)

Question 9

Standards of Appellate Review for Purely Legal Questions

Answer 9

De novo

Question 10

Standards of Appellate Review for Factual Question

Answer 10

Deferential to the point where it is not clearly erroneous

Question 11

Standards of Appellate Review for Abuse of Discretion

Answer 11

Reviewing court must find the trial court failed to exercise sound, reasonable, and legal decision-making

Question 12

Standards of Appellate Review for Judgment on Jury Verdicts

Answer 12

• Appellate Standard
• Standard of JMOL