Appellate Review

Question 1

final judgement rule

Answer 1

losing party has a RIGHT to appeal if the court’s order is a final judgment

*final judgment determines the merits of the entire case

Question 2

timing of notice of appeal

Answer 2

with DISTRICT court within 30 days after entry of the judgement

Question 3

when can an order be appealed that is NOT final judgement as of RIGHT

Answer 3

orders granting/modifying/ refusing preliminary or permanent injunctions are reviewable as of right (not TROs)

Question 4

when can an order be appealed that is NOT final judgement under collateral order doctrine

Answer 4

appellate court has discretion if:

1. distinct from merits
2. Involves important legal question
3. essentially unreviewable if parties await a final judgment

Question 5

when can an order be appealed that is NOT final judgement under Interlocutory Appeals Act

Answer 5

allows appeal if:

1. district judge certifies that it involves a controlling issue of law
2. substantial ground for difference of opinion
3. at least 2 appellate court judges agree to hear it

Question 6

when can an order in a case with multiple claims/parties be appealed that is NOT a final judgement on the entire case

Answer 6

district 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

Question 7

when can an order in a class action be appealed that is NOT a final judgement

Answer 7

appeal order granting/denying cert of a class

appeals court has discretion.

party seeking review must do so at the court of appeals within 14 days of order.

An appeal does not stay the proceedings at district court unless the court of appeals or district court says so.

Question 8

Appeals for Extraordinary writ of mandamus/prohibition:

Answer 8

an original proceeding in the court of appeals to compel the district judge to make or vacate a particular order.

The writ is not a substitute for appeal.

available only if the district court is violating a clear legal duty.

Question 9

standard for review of Qs of law

Answer 9

de novo - no deference to district judge

Question 10

standard for review of Qs of fact in bench trial

Answer 10

affirm unless clearly erroneous

Question 11

standard for review of Qs of fact jury trial

Answer 11

given great deference. affirm unless reasonable people could not have made that finding.

Question 12

standard for review of discretionary matters

Answer 12

affirm unless the district court judge abused her discretion

Question 13

harmless error rule

Answer 13

Not every error (even an error of law) requires reversal on appeal. No reversal is required if the error is harmless