Appeals Flashcards
(8 cards)
1
Q
Where and when do you file an appeal?
A
- with the district court 30 days after entry of the final judgment
2
Q
What is an interlocutory appeal?
A
- when there is not a final judgment
- Interlocutory Appeals of Injunctions as of Right
- Interlocutory Appeals Act
- “Collateral Order” Doctrine
- Multiple Claims and Parties
- Class Actions
- Extraordinary Writ (Mandamus or Prohibition)
3
Q
Interlocutory Appeals of Injunctions as of Right
A
- orders granting, modifying, or refusing preliminary or permanent injunctions are reviewable
4
Q
Interlocutory Appeals Act
A
- Allows the appeal of a nonfinal order if:
1. The district judge certifies that it involves a controlling issue of law
2. As to which there is substantial ground for difference of opinion
3. And the court of appeals agrees to hear it
5
Q
“Collateral Order” Doctrine
A
- The appellate court has discretion to an appeal on an issue if that issue:
1. Is distinct from the merits of the case
2. Involves an important legal question
3. And is essentially unreviewable if parties await a final judgment
Ex. States and arms of states are immune from suit. State Highway Department is being sued. They say they are immune bc they are an arm of the state. Court says no. They can appeal this
6
Q
Multiple Claims and Parties
A
- When more than one claim is presented, or multiple parties, court may 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 to delay
7
Q
Class Actions
A
- COA has discretion to review an order granting or denying cert of a class action
- The party seeking review must do so within 14 days of the order
8
Q
Extraordinary Writ (Mandamus or Prohibition)
A
- an original proceeding in the COA to compel the district judge to make or vacate a particular order
- Not a substitute for an appeal
- Available only if the district court is violating a clear legal duty like acting without jurisdiction
