Judgments and appeals Bar Exam Flashcards - Medical Study Cards
Master Judgments and appeals with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Judgments and appeals Flashcard Deck - 10 Cards
Flashcard 1: What are the requirements for discretionary interlocutory appeal under 28 U.S.C. § 1292(b)?
Answer: The district court must certify an order involving a controlling question of law with substantial ground for disagreement, and an immediate appeal must materially advance the litigation; the court of appeals must then permit the appeal. The petition must generally be filed within 10 days after certification.
Flashcard 2: Which interlocutory orders are appealable as of right under 28 U.S.C. § 1292(a)?
Answer: Section 1292(a) permits immediate appeals from orders granting, modifying, continuing, or dissolving injunctions; appointing or refusing to discharge receivers; and determining rights and liabilities in certain admiralty cases. It also covers certain orders under federal arbitration and patent statutes.
Flashcard 3: What is the general rule for staying enforcement of a judgment pending appeal?
Answer: Under Federal Rule of Civil Procedure 62, execution is generally automatically stayed for 30 days after entry of judgment, and a stay during appeal ordinarily requires a supersedeas bond or other security approved by the court. The court may alter or waive the security requirement in its discretion.
Flashcard 4: What are the elements of issue preclusion (collateral estoppel)?
Answer: An issue is precluded when it was actually litigated and determined by a valid, final judgment, the determination was essential to the judgment, and the party against whom preclusion is asserted had a full and fair opportunity to litigate. Mutuality is not required under the modern majority rule, subject to due-process limits.
Flashcard 5: What are the elements of claim preclusion (res judicata) under the majority transactional approach?
Answer: Claim preclusion requires a valid, final judgment on the merits; the second action involves the same claim or transaction; and the action is between the same parties or their privies. The transactional approach treats all rights to remedies arising from the same transaction or occurrence as one claim.
Flashcard 6: What is the rule for obtaining relief from a final judgment under Rule 60(b)?
Answer: Rule 60(b) permits relief for mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, fraud or misconduct, a void judgment, satisfaction or changed circumstances, or any other extraordinary reason justifying relief. Motions based on mistake, newly discovered evidence, or fraud generally must be made within one year, while the other grounds must be raised within a reasonable time.
Flashcard 7: What are the principal standards of appellate review?
Answer: Questions of law are reviewed de novo, factual findings are reviewed for clear error, and discretionary rulings are reviewed for abuse of discretion. Constitutional and jurisdictional issues are generally reviewed de novo, while harmless errors do not warrant reversal unless they affect substantial rights.
Flashcard 8: What is the effect of a judgment on the merits for claim-preclusion purposes?
Answer: A judgment on the merits generally bars later litigation of the same claim, even if the plaintiff did not prevail on every theory or obtain the requested relief. Dismissals for lack of subject-matter jurisdiction, improper venue, or failure to join a required party generally are not judgments on the merits.
Flashcard 9: What is the federal final-judgment rule for appellate jurisdiction?
Answer: Under 28 U.S.C. § 1291, courts of appeals generally have jurisdiction over final decisions of district courts—decisions that end the litigation on the merits and leave only execution of the judgment. Important exceptions include certified interlocutory orders under § 1292(b), orders qualifying under the collateral-order doctrine, and certain appeals authorized by statute.
Flashcard 10: When may a federal district court direct entry of final judgment as to fewer than all claims or parties?
Answer: Under Rule 54(b), the court may do so only if it expressly determines that there is no just reason for delay. Without that determination, an order resolving fewer than all claims or parties remains interlocutory and generally is not immediately appealable.
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