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31 cards
1What 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?
3What is an interlocutory appeal?
4Ordinarily, 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?
6What 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...
8May a party take an interlocutory appeal from an order denying class certification in a class action?
9What is the collateral-order doctrine?
10What 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...
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...
13The plaintiff sued two defendants in a federal diversity case, asserting claims arising from a business dispute. Both defendants moved for summary ...
14During discovery in a federal civil case, the plaintiff served a set of interrogatories on the defendant. Several of the interrogatories requested ...
15In 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?
17In the context of a trial, what is an offer of proof?
18In 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?
20In 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?
22What 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?
24What is the appellate standard of review for a trial court’s discretionary decisions?
25What 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 ...
27A plaintiff sued a defendant in federal court, alleging that the defendant had defamed the plaintiff by telling people that the plaintiff sold drug...
28A plaintiff sued a defendant in federal court, alleging battery. The plaintiff’s lawyer tried to present evidence that the defendant had been arres...
29An 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 ________.
31May a party immediately appeal any orders granting, continuing, modifying, refusing, or dissolving injunctions?
All flashcards
31 cards