T Eisenberg, T Fisher, I Rosen-Zvi - Empirical Legal Analysis, 2013 - taylorfrancis.com
The jurisdictional basis of appellate court cases can be divided into mandatory and discretionary components. Whether jurisdiction is mandatory or discretionary is significantly …
Federal courts of appeals usually review district court orders only after the entry of final judgment. There are, however, a number of statutory exceptions to the final judgment rule …
The United States courts of appeals generally have jurisdiction over only" final decisions" by a district court.'Most litigants must therefore wait until the end of proceedings in the district …
J Steinman - Wash. & Lee L. Rev., 2001 - HeinOnline
Supreme Court, sua sponte, denounced the doctrine of" hypothetical jurisdiction," a doctrine that, in some circumstances, allowed courts to assume, arguendo, the existence …
Most of the law of federal appellate jurisdiction comes from judicial interpretations of 28 USC § 1291. That statute gives the courts of appeals jurisdiction over only" final decisions" of the …
What is the ideal structure for appellate review? Without providing a definitive answer to the question, commentators have suggested several factors that may improve the process, and …
HT Edwards, MA Livermore - Duke LJ, 2008 - HeinOnline
When court of appeals judges decide a case, they focus on legal materials to reach their result. These materials include the case record compiled in the trial court or agency; the …
Appellate jurisdiction in the federal system has been properly criticized for both its doctrinal incoherence and its procedural complexity. Although these critiques are well-founded, this …
Except for a review of the subject over a decade ago in APPELLATE PROCEDURES IN TEXAS,'the jurisdiction of the Texas Supreme Court and Courts of Civil Appeals remains a …