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Questions and Answers
What is the primary role of an Appellate Court?
What is the primary role of an Appellate Court?
What is required to appeal an error?
What is required to appeal an error?
What type of order is generally NOT appealable?
What type of order is generally NOT appealable?
What is a requirement for appealing a judgment?
What is a requirement for appealing a judgment?
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What is an exception to the general rule that interlocutory orders are not appealable?
What is an exception to the general rule that interlocutory orders are not appealable?
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What is NOT a ground for appeal?
What is NOT a ground for appeal?
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Study Notes
Appeals
- A Notice of Appeal must be filed within 30 days of judgment.
- Grounds for Appeal include objections made at trial, which must be stated and preserved, or they will be waived.
Appellate Court Review
- The Appellate Court generally reviews issues of LAW, giving deference to the trial court's findings of FACTS.
Appealing Errors
- An error can be appealed if the outcome would have been DIFFERENT, but not if the error was HARMLESS.
Final Judgments
- Only FINAL JUDGMENTS may be appealed, not interlocutory orders unless they meet the Collateral Order Exception.
Interlocutory Orders
- Interlocutory orders are given before final judgment and are generally NOT appealable.
Collateral Order Exception
- The Collateral Order Exception allows appeal of interlocutory orders that:
- Conclusively determine a disputed question
- Resolve an important issue separate from the merits
- Would cause irreparable damage if review is delayed
Non-Appealable Issues
- Lack of Jurisdiction, Improper Venue, and Failure to Join an Indispensable Party are not appealable.
- One resolved claim is not a final judgment, unless the court finds "no reason to delay".
- Denial of Summary Judgment is not appealable until after trial.
- Orders for a New Trial are not appealable.
- Partial Final Judgments are not preferred to avoid piecemeal appeals.
Appealable Issues
- Grant or Denial of Injunctions are appealable.
- Certification or Denial of Class Action is appealable.
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Description
This quiz covers the basics of appeals, including grounds for appeal, appellate court procedures, and final judgments. Understand the rules and regulations surrounding appeals in law.
