Appellate Review/Claim and Issue Preclusion

Question 1

When does a losing party have the right to appeal?

Answer 1

If the court’s order is a final judgment.

A final judgment determines the merits of the entire case.

Question 2

If the judgment is final, where and when is the notice of appeal filed?

Answer 2

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

Question 3

Interloctutory Appeals Act allows appeal of a nonfinal order if:

Answer 3

• 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 4

The appellate court has discretion to hear an appeal on an issue if that issue:

Answer 4

• is distinct from the merits of the case;
• involves an important legal question; and
• is essentially unreviewable if parties await a final judgment.

Question 5

What is claim preclusion (res judicata)?

Answer 5

A claimant may sue only once to vindicate a claim. So you only get one case in which to seek recovery for all rights to relief for that claim.

Question 6

For a claim to be precluded, three things must be true:

Answer 6

1. same claimant suing same defendant
2. valid, final judgment on the merits
3. case 1 and case 2 must be the same claim.

Question 7

Five Requirements for Issue Preclusion

Answer 7

1. Case 1 ended in valid, final judgment on the merits
2. same issue actually litigated and determined in case 1
3. issue was essential to judgment in case 1
4. against whom is preclusion used? (due process factor)
5. by whom is preclusion used? (mutuality rules)