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28 U.S.C. § 1291; Lauro Lines s.r.l. v. Chasser, 490 U.S. 495 (1989).
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1What is the final-judgment rule for appeals?
What is the final-judgment rule for appeals?2In general, what procedure must a party follow in a federal district court to appeal a final judgment?
In general, what procedure must a party follow in a federal district court to appeal a final judgment?3What is an interlocutory appeal?
What is an interlocutory appeal?4Ordinarily, is a judgment or order appealable if it resolves only part of a case?
Ordinarily, is a judgment or order appealable if it resolves only part of a case?5As an exception to the final-judgment rule, may the trial court certify an interlocutory appeal of an order deciding a controlling question of law?
As an exception to the final-judgment rule, may the trial court certify an interlocutory appeal of an order deciding a controlling question of law?6What is the procedure for a trial court to certify an interlocutory appeal of an order deciding a controlling question of law?
What is the procedure for a trial court to certify an interlocutory appeal of an order deciding a controlling question of law?7Other than interlocutory certification of a question of law, what kinds of orders are appealable as interlocutory orders under the federal interloc...
Other than interlocutory certification of a question of law, what kinds of orders are appealable as interlocutory orders under the federal interlocutory-appeal statute?8May a party take an interlocutory appeal from an order denying class certification in a class action?
May a party take an interlocutory appeal from an order denying class certification in a class action?9What is the collateral-order doctrine?
What is the collateral-order doctrine?10What is a writ of mandamus?
What is a writ of mandamus?11A plaintiff sued a defendant in federal court, alleging that the defendant violated a federal statute prohibiting the unfair pricing of gasoline. T...
A plaintiff sued a defendant in federal court, alleging that the defendant violated a federal statute prohibiting the unfair pricing of gasoline. The parties agreed in their pleadings that the defendant’s gasoline business sold 50,000 gallons of gasoline per year. The defendant moved for judgment on the pleadings, arguing that, as a matter of law, the statute applied only to businesses selling at least 100,000 gallons of gasoline per year. The wording of the statute and its legislative history were unclear on this issue. There was no binding precedent on the issue, and the few cases that had interpreted the statute had reached conflicting results. The trial judge planned to deny the motion but recognized that the legal issue was unresolved and debatable. If the trial judge denies the motion, may the judge appropriately certify this legal issue for interlocutory appeal?12A plaintiff sued a defendant in federal court, alleging that the defendant had created a nuisance that was damaging the plaintiff’s property. The p...
A plaintiff sued a defendant in federal court, alleging that the defendant had created a nuisance that was damaging the plaintiff’s property. The plaintiff moved for a preliminary injunction requiring the defendant to abate the nuisance pending trial. The court entered an order denying the injunction. The court entered a separate order setting both a deadline for completing discovery and a trial date. May the plaintiff immediately appeal the denial of the preliminary injunction?13The plaintiff sued two defendants in a federal diversity case, asserting claims arising from a business dispute. Both defendants moved for summary ...
The plaintiff sued two defendants in a federal diversity case, asserting claims arising from a business dispute. Both defendants moved for summary judgment. The court entered an order granting summary judgment in favor of the first defendant on all claims. The court simultaneously denied the second defendant’s motion for summary judgment on all claims. The plaintiff wanted to take an immediate appeal from the court’s grant of summary judgment in favor of the first defendant. What procedure would enable the plaintiff to take an immediate appeal from the court’s order granting summary judgment to the first defendant?14During discovery in a federal civil case, the plaintiff served a set of interrogatories on the defendant. Several of the interrogatories requested ...
During discovery in a federal civil case, the plaintiff served a set of interrogatories on the defendant. Several of the interrogatories requested facts regarding the defendant’s affirmative defenses. The defendant refused to answer the interrogatories. The court granted the plaintiff’s motion to compel and ordered the defendant to answer the interrogatories. The defendant again refused. As a result, the court entered a second order striking the defendant’s affirmative defenses from the answer, a potential sanction expressly listed in the Federal Rules of Civil Procedure for violating a court order regarding discovery. The defendant believed that the second order was unjust and that he was certain to lose at trial without the affirmative defenses. May the defendant appeal the court’s second order before trial?15In general, may an appellate court consider only those errors that were preserved in the record of the trial court?
In general, may an appellate court consider only those errors that were preserved in the record of the trial court?16In general, must a party take affirmative steps in the trial court to preserve an error for appeal?
In general, must a party take affirmative steps in the trial court to preserve an error for appeal?17In the context of a trial, what is an offer of proof?
In the context of a trial, what is an offer of proof?18In the context of an appeal, what is plain error?
In the context of an appeal, what is plain error?19May an appellate court consider plain error even if no party has preserved the error in the trial-court record?
May an appellate court consider plain error even if no party has preserved the error in the trial-court record?20In the context of an appeal, what is meant by the term standard of review?
In the context of an appeal, what is meant by the term standard of review?21What is the appellate standard of review for both issues of law and mixed issues of law and fact?
What is the appellate standard of review for both issues of law and mixed issues of law and fact?22What is the appellate standard of review for findings of fact made by the trial judge?
What is the appellate standard of review for findings of fact made by the trial judge?23What is the general appellate standard of review for findings of fact made by the jury?
What is the general appellate standard of review for findings of fact made by the jury?24What is the appellate standard of review for a trial court’s discretionary decisions?
What is the appellate standard of review for a trial court’s discretionary decisions?25What is harmless error?
What is harmless error?26A plaintiff sued a defendant in federal court, alleging negligence arising from a traffic accident. At trial, after calling several witnesses, the ...
A plaintiff sued a defendant in federal court, alleging negligence arising from a traffic accident. At trial, after calling several witnesses, the plaintiff sought to introduce a video from a traffic camera. The defendant objected, arguing that the evidence was needlessly cumulative. The judge sustained the objection and excluded the video without viewing it. The plaintiff’s attorney objected on the record but offered no indication of what the video would show. The defendant won the trial, and the plaintiff appealed. On appeal, the plaintiff argued that the exclusion of the video was reversible error, because the video would have shown the accident more clearly than the descriptions offered by the plaintiff’s witnesses.Ignoring the plain-error rule, did the plaintiff preserve the issue of the video’s exclusion for appeal?27A plaintiff sued a defendant in federal court, alleging that the defendant had defamed the plaintiff by telling people that the plaintiff sold drug...
A plaintiff sued a defendant in federal court, alleging that the defendant had defamed the plaintiff by telling people that the plaintiff sold drugs. The defendant asserted that the statement was true. Under applicable law, the truth of the statement was a complete defense. At trial, the plaintiff called six witnesses who testified that the plaintiff never sold drugs. The defendant called two witnesses, both of whom were drug users who testified that they had purchased drugs from the plaintiff. The jury returned a verdict for the defendant, with answers to written questions stating that the jury believed the defendant’s statement to be true. The plaintiff appealed, arguing that the jury should have believed the plaintiff’s witnesses over the defendant’s witnesses. The plaintiff properly preserved this issue for appeal. Is the plaintiff likely to succeed on appeal?28A plaintiff sued a defendant in federal court, alleging battery. The plaintiff’s lawyer tried to present evidence that the defendant had been arres...
A plaintiff sued a defendant in federal court, alleging battery. The plaintiff’s lawyer tried to present evidence that the defendant had been arrested for battery as a juvenile 10 years earlier. The law provided that juvenile records were confidential and inadmissible. The defendant’s lawyer objected, and after hearing the attorneys’ evidentiary arguments, the judge correctly excluded the evidence. However, the judge improperly allowed the jury to listen to the arguments. This seriously prejudiced the defendant by allowing the jury to hear inflammatory and inadmissible material about the defendant. The defendant’s lawyer did not object to the presence of the jury during the evidentiary arguments. The jury later returned a verdict for the plaintiff. May the defendant appeal based on the jury’s presence during the evidentiary arguments, despite failing to object at trial?29An order deciding a question of law may be appealable before a final judgment if the trial court certifies that (1) _______, (2) ________, and (3) ...
An order deciding a question of law may be appealable before a final judgment if the trial court certifies that (1) _______, (2) ________, and (3) _______?30Generally, a party may appeal only a final judgment, which is a judgment that ________.
Generally, a party may appeal only a final judgment, which is a judgment that ________.31May a party immediately appeal any orders granting, continuing, modifying, refusing, or dissolving injunctions?
May a party immediately appeal any orders granting, continuing, modifying, refusing, or dissolving injunctions?