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Flashcards in Appeal Deck (27):
1

General Rule: you can only appeal from a final judgment, meaning that the trial court has issued an ultimate decision on the merits of the ______ _____

Entire case

2

When can you appeal and with whom?

30 days of judgment IN the trial court.

3

To determine whether a judgment is final, ask whether, after making this ruling . . .

Does the trial court have anything left to do on the merits.

4

Final judgment? Denial of a MSJ?

No

5

Final judgment? Grant of motion for new trial?

No, trial court must hold the new trial

6

FInal judgment? Denial of motion for new trial?

Yes

7

Final judgment? Grant of motion to transfer to another district?

No, case is still pending at trial court.

8

Final judgment? Grant of motion to remand to state court?

Generally no

9

Which interlocutory orders are reviewable as a matter of RIGHT?

Orders granting, modifying, refusing injunctions (prelim or perm)

10

What does the Interlocutory Appeals Act allow?

Appeal of nonfinal order if trial judge certifies that it involves a controlling issue of law . . . as to which there is substantial ground for different of opinion AND the court of appeals agrees to hear it.

11

An appellate court has discretion to hear a ruling on a collateral issue IF it is (3):

Distinct from the merits,

Involves an important legal issue, and

Is essentially unreviewable if parties must await final judgment.

12

When more than one claim is presented in a case, OR where there are multiple parties, the trial court MAY expressly direct entry of a final judgment as to one or more of them IF . . .

It makes an express finding that there is no just reason for delay.

13

P sues D. D files a counterclaim against P. The court enters SJ in favor of D on the first claim. This is not appealable as a final judgment because the CC is still pending. Could the trial court expressly direct final entry on the first claim and allow appeal of that issue now? Explain.

Yes, if the court makes an express finding that there is no just reason for delay.

When more than one claim is presented in a case, OR where there are multiple parties, the trial court MAY expressly direct entry of a final judgment as to one or more of them IF It makes an express finding that there is no just reason for delay.

14

Which court has discretion to review an order granting or denying certification of class action?

Court of Appeals

15

In order to have the Ct of. App. review an order granting or denying class cert, by when must review be sought?

within 14 days of order.

16

When a Ct. of App. reviews an order granting or denying class cert, does the appeal normally stay the proceedings?

No, not unless the Ct of App says so.

17

What is an extraordinary writ (mandamus or prohibition)?

An original proceeding in appellate court to compel the trial judge to make or vacate a particular order.

18

When is an extraordinary writ available?

Only when the lower court is violating a clear legal duty.

19

When the district court decides questions of law, what standard of review for Ct. of App.?

De novo (no deference)

20

Trial judge puts burden of proof on the D. Why does the Ct. of App. review that de novo?

Content of instruction is a question of law.

21

In a non-jury trial, when the district judge determines a question of fact, the court of appeals will affirm unless . . .

The findings are clearly erroneous

22

___ _____ must be given to a trial judge's opportunity to assess the credibility of witnesses at trial.

Due regard.

23

In a jury trial, when the jury decides questions of fact, the court of appeals will affirm UNLESS . . .

Reasonable people could not have made that finding.

24

For discretionary matters (whether to grant a motion, to allow permissive intervention, case management orders), the court of appeals will apply what standard of review?

Abuse of discretion

25

Suppose the appeal court decides, "I wold have ruled the other way on this, but the DJ was in the ballpark -- it's not goofy. Must if affirm?

Yes, no abuse of discretion.

26

What standard of review for a trial judge's decision whether to give a particular jury instruction?

Abuse of discretion

27

No reversal is required if an error is . . .

Harmless.