Appellate Review

Question 1

Appellate Jurisdiction

Answer 1

Generally limited to final orders entered by lower courts

exceptions: partial final orders and discretionary interlocutory appeals

Question 2

Partial final order

Answer 2

Order that resolves some claims against some parties but not all claims against all parties

Question 3

Discretionary interlocutory appeals

Answer 3

Order entered during a lawsuit/ may be appealed if both the lower court and the appellate court find: doubt about whether the order was correct, on a controlling issue of law, and such that appellate review would materially advance the litigation

Question 4

Time requirements for notice of appeals

Answer 4

must file within 30 days of the entry of the judgement or an appeleable interlocutory order/ notice of appeal must be filed in the lower court

Question 5

Standards of review for appellate review

Answer 5

-Pure questions of law
-Questions of fact
-Questions of case management

Question 6

Pure questions of law

Answer 6

Reviews pure question of law by de novo standard of review w/ no deference to the lower court

Question 7

Questions of fact

Answer 7

May set aside judges factual findings if clearly erroneous w/ deference given to lower court

Question 8

Questions of case management

Answer 8

Reversed only if abuse of discretion w/ great deference given to lower court