Appellate Review

Question 1

What is the final judgment rule?

Answer 1

For the losing party to have a right to appeal, the court’s order must be a final judgment.

A final judgment determines the merits of the entire case.

Question 2

If an order is not a final judgment, what is it?

Answer 2

An interlocutory order

Question 3

How must the losing party file for an appeal? Within what time?

Answer 3

The notice of appeal must be filed with the district court within 30 days after entry of the judgment that is being appealed.

Question 4

Under what doctrines could an interlocutory order be appealed?

Answer 4

1. Orders granting, modifying, or refusing preliminary or permanent injunctions are reviewable as of right
2. The Interlocutory Appeals Act
3. Collateral Order Doctrine
4. When more than one claim is presented in a case, or when there are multiple parties, the 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.
5. Denying certification of class action
6. Extraordinary writ

Question 5

What does the Interlocutory Appeals Act do?

Answer 5

Allows appeal of a nonfinal order if:

• The district judge certifies that it involves a controlling issue of law
• As to which there is substantial ground for difference of opinion AND
• The court of appeals agrees to hear it

Question 6

What does the collateral order doctrine do?

Answer 6

The appellate court has discretion to an appeal on an issue (appeal of interlocutory order) if that issue:

• Is distinct from the merits of the case (doesn’t have to do with who should win)
• Involves an important legal question AND
• Is essentially unreviewable if parties await a final judgment

Question 7

What standard of review does the appellate judge use when reviewing the district judge’s decision on a question of law?

Answer 7

De Novo - no deference to district court judge

Question 8

What standard of review does the appellate judge use when reviewing a bench trial’s ruling on questions of fact.

Answer 8

Affirms unless findings are clearly erroneous

Question 9

What standard of review does the appellate judge use when reviewing a question of fact in a jury trial?

Answer 9

Affirm unless reasonable people could not have made that finding.

Question 10

What standard of review does the appellate judge use when reviewing the district court’s discretionary determinations?

Answer 10

Affirm unless district court judge abused her discretion

Question 11

What is a “harmless error” in the context of appeals?

Answer 11

Not every error (even an error of law) requires reversal on appeal. No reversal is required if the error is harmless; that is, it did not affect the outcome