Appellate Review

Question 1

What is the final judgment rule?

Answer 1

Order’s are not reviewable on appeal unless final, i.e. there has been a determination on the merits - nothing left for court to do wrt merits (otherwise is an interlocutory order)

Question 2

When must notice of appeal be filed by?

Answer 2

Must be filed within 30 days after judgment.

Question 3

If a court order is not final - i.e. is interlocutory order – how may it be appealed?

Answer 3

1. interlocutory appeal re injunctions: orders granting/modfying/denying injunctions or preliminary injunctions are reviewable as a RIGHT (NOT TROs, unless TRO has become prelim injnct)
2. Interlocutory appeals act: allows appeal of nonfinal orders if:
   - district judge certifies it involves controlling issue of law
   - as to which there is substantial ground for difference of opinion, AND
   - court of appeals agrees to hear it
3. Collateral Order doctrine: appellate court has discretion to hear appeal on issue if:
   - issue is distinct from merits of the case
   - involves an important legal question
   - is essentially unreviewable if parties await final judgment

Question 4

What are the standards of review on appeal?

Answer 4

Questions of law are reviewed de novo - i.e. no deference to district court

Questions of fact - non jury trial when judge determine q’s of fact then court will affirm unless clearly erroneous

 - findings of fact by jury - great deference, will affirm unless reasonable people could not have made that finding 

Matters within court’s discretion - affirm unless court abused discretion

Note if error i harmless, i.e. did not affect outcome of case, then reversal is NOT required.