Appeals and standard of review Flashcards
notice of appeal
filed within 30 days of judgment
grounds for appeal
must make objections and grounds or it is waived
Appellate court looks at
questions of law, not fact
facts..
deference to trial court
if error was harmless…
no appeal
Could only appeal case from a
final judgment
interlocutory order
order before final judgment; cannot appeal intelocutory order because there has not been a final judgment
collateral order
collateral order can be appealed because it determines a right to the issue and the delay would impair
1) order conclusively determines the disputed question
2) issue seperate from the main merit
3) makes it unreviewable on final judgment
can you appeal collateral order?
yes
not final judgments so not appealable..
not final judgments so not appealable
1) lack of jdx
2) improper venue
3) failure to join indispensable party
multiple claims in lawsuit
one issue; not a final judgment unless no reason for delay
denial for motion for summary judgment not appealable
denial for motion for new trial
not a final judgment so no appeal
can you issue partial final judgment
generally no
instances where you can appeal
granting or denying of injunction
certification or denial of class action
standard of review on appeal
any issue of law– de novo
court decisions prejudice, evidence– abuse of discretion
factual error– clearly erroneous
erie doctrine
choice of law
diversity case erie
federal law vs state law
apply substantive state law unless its federal procedural issue
