Interlocutory appeal - Meaning

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Interlocutory appeal
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An interlocutory appeal, in the law of civil procedure is an appeal of a ruling by a trial court that is made before the trial itself has concluded. Most jurisdictions generally prohibit such appeals, requiring parties to wait until the trial has concluded before they challenge any of the decisions made by the judge during that trial. However, many jurisdictions make an exception for decisions that are particularly prejudicial to the rights of one of the parties. For example, if a party is asserting some form of immunity from suit, or is claiming that the court completely lacks personal jurisdiction over them, then it is recognized that being forced to wait for the conclusion of the trial would violate their right not to be subjected to a trial at all.

Interlocutory appeals are an appeal prior to a trial due to immunity from suit of the same instance (or same action). And claiming that the court completely lacks jurisdiction under Res Judicata (M.P. W. G.)

The Supreme Court of the United States delineated the test for the availability of interlocutory appeals, called the collateral order doctrine, for United States federal courts in the case of Lauro Lines s.r.l. v. Chasser et al., 490 U.S. 495 (1989), holding that under the relevant statute (28 U.S.C. § 1292) such an appeal would be permitted only if:

the outcome of the case would be conclusively determined by the issue
the matter appealed was collateral to the merits; and
the matter was effectively unreviewable if immediate appeal was not allowed.
The test was originated by the United States Supreme Court in Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949), where it was applied to a requirement of bond to be posted in certain stockholders derivative actions by plaintiffs, in anticipation of being liable for defendant's attorney's fees. Since the substantial deterrent effect of the statute would be meaningless if not enforceable at the outset of litigation, but did not touch on the merits of plaintiff's claim, the Court allowed interlocutory appeal from the trial court's decision. 337 U.S. at 546-47. The doctrine was restricted in Digital Equipment Corp. v. Desktop Direct Inc., 511 U.S. 863 (1994), which added an explicit importance criterion to the test for interlocutory appeals, holding that relief on a claim of immunity from suit because of a previous settlement agreement could not come through interlocutory appeal. The Supreme Court stated that the only matters of sufficient importance to merit a collateral appeal were "those originating in the Constitution or statutes". 511 U.S. at 879.

Several U.S. statutes directly confer the right to interlocutory appeals, including appeals from orders denying arbitration, 9 U.S.C. § 16, and some judicial actions against the debtor upon filing bankruptcy proceedings, 11 U.S.C. § 362(a). There is a major United States Circuit Court of Appeals split as to whether a stay of proceedings should issue in the District Court while interlocutory appeals on the arbitrability of disputes are decided. Compare Bradford-Scott Data Corp., Inc. v. Physician Computer Network, 128 F.3d 504 (7th Cir. 1997), and Britton v. Co-op Banking Group, 916 F.2d 1405 (9th Cir. 1990). An interlocutory appeal under the collateral order doctrine usually merits a stay of proceedings while the appeal is being decided.

from this link below-

en.wikipedia.org/wiki/Interlocutory_appeal


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Supreme Court of the United States

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The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS) is the highest judicial body in the United States and leads the judicial branch of the U.S. federal government.

The Court consists of nine Justices: the Chief Justice of the United States and eight Associate Justices. The Justices are nominated by the President and confirmed with the "advice and consent" of the Senate. As federal judges, the Justices serve during "good behavior", meaning they essentially serve for life and can be removed only by resignation, or by impeachment and subsequent conviction.

The Supreme Court is the only court established by the United States Constitution (in Article III); all other federal courts are created by Congress:

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.
The Supreme Court holds both original and appellate jurisdiction, with its appellate jurisdiction accounting for most of the Court's caseload. The court's original jurisdiction is narrowly focused, as defined in Article III, Section 2 ("In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction"). The court's appellate jurisdiction encompasses "all cases" within the scope of Article III, but is subject to limitation by acts of Congress under the Exceptions Clause in Article III and by the discretion of the Court.

The Supreme Court meets in Washington, D.C., in the United States Supreme Court building. The Court's yearly terms usually start on the first Monday in October and finish sometime during the following June or July. Each term consists of alternating two week intervals. During the first interval, the court is in session ('sitting') and hears cases, and during the second interval, the court is recessed to consider and write opinions on cases it has heard.

from link below-

en.wikipedia.org/wiki/United_States_Supreme_Court


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Original jurisdiction
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The original jurisdiction of a court is the right to hear a case for the first time as opposed to appellate jurisdiction when a court has the right to review the decision of a previous, lower-level court.

[edit] United States
The Supreme Court of the United States generally has appellate jurisdiction over its cases; i.e., cases are appealed through the judicial system until they reach the Court, most commonly through writs of certiorari. However, in a limited class of cases, the Court has original jurisdiction to consider the facts and the law of a case without it having first been passed on by a lower court. Currently, the only original jurisdiction cases commonly handled by the Supreme Court are disputes between two or more U.S. states, typically regarding boundary lines, water claims, or other property issues. Federal courts are granted original jurisdiction in cases involving interpretations of United States laws, maritime law, cases involving citizens of different states, cases between ambassadors and representatives of foreign nations, cases between state governments, and cases in which the United States is a party.

See also: Article Three of the United States Constitution#Original and appellate jurisdiction

from link below-

en.wikipedia.org/wiki/Original_jurisdiction

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Appellate jurisdiction
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Appellate jurisdiction is the power of a court to review the decisions and change the outcomes of the decisions of previous, lower-level courts. The review process begins when a party or parties dissatisfied with the decision of the lower court appeal the decision to an appellate court.

Depending on the court and the type of case, appellate review may consist of an entirely new hearing on the matter (a trial de novo), or may be limited to a review of particular legal rulings made by the inferior tribunal (an appeal on the record).


[edit] United States
The Supreme Court of the United States decides cases almost exclusively under its appellate jurisdiction. It can review most decisions of federal courts as well as the decisions of state courts involving questions of constitutionality or statutory law. Appellate jurisdiction is addressed in reference to the Supreme Court in Article III, Section 2 of the United States Constitution. Although the Supreme Court only exercises appellate jurisdiction over decisions of other courts, some U.S. courts may also review the decisions of non-judicial tribunals, such as administrative agencies.

A court exercising appellate jurisdiction can only decide issues of law and not of fact, since the finders of fact are the judges and the juries of the lower trial courts.




This law-related article is a stub. You can help Wikipedia by expanding it.

Retrieved from "http://en.wikipedia.org/wiki/Appellate_jurisdiction"


from link below-

en.wikipedia.org/wiki/Appellate_jurisdiction

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This entry contains information applicable to United States law only.
Interlocutory

Provisional; interim; temporary; not final; that which intervenes between the beginning and the end of a lawsuit or proceeding to either decide a particular point or matter that is not the final issue of the entire controversy or prevent irreparable harm during the pendency of the lawsuit.

Interlocutory actions are taken by courts when a question of law must be answered by an appellate court before a trial may proceed or to prevent irreparable harm from occurring to a person or property during the pendency of a lawsuit or proceeding. Generally, courts are reluctant to make interlocutory orders unless the circumstances surrounding the case are serious and require timely action.

Interlocutory appeals are restricted by state and federal appellate courts because courts do not want piecemeal litigation. Appeals courts generally review only cases that have reached final judgment in the trial courts. When a court administrator enters final judgment, this certifies that the trial court has ended its review of the case and jurisdiction shifts to the appellate court.

Interlocutory appeals are typically permitted when the trial judge certifies to the appellate court in an interlocutory order that an important question of law is in doubt and that it will substantially affect the final result of the case. Judicial economy then dictates that the court resolve the issue rather than subject the parties to a trial that may be reversed on an appeal from a final judgment.

Appellate courts have the discretion to review interlocutory orders. The federal courts of appeal are governed by the Interlocutory Appeals Act (28 U.S.C.A. § 1292). This act grants discretion to the courts of appeal to review interlocutory orders in civil cases where the district judge states in the order that a controlling question of law is in doubt and that the immediate resolution of the issue will materially advance the ultimate termination of litigation. State appellate courts are governed by statutes and court rules of appellate procedure regarding the review of interlocutory orders.

When an appellate court reviews an interlocutory order, its decision on the matters contained in the order is final. The court enters an interlocutory judgment, which makes that part of the case final. Therefore, if a case proceeds to trial after an interlocutory judgment is entered, and an appeal from the trial court judgment follows, the matters decided by the interlocutory judgment cannot be reviewed by the court again.

Interlocutory orders may be issued in a divorce proceeding to prevent injury or irreparable harm during the pendency of the lawsuit. For example, an interlocutory order may require one spouse to pay the other spouse a designated weekly sum for support, pending a decision on alimony and child support. This prevents the spouse and children from being without income during the action.

Courts may also issue interlocutory orders where property is about to be sold or forfeited and a lawsuit has been filed seeking to stop the action. In this type of case, a court will enter an interlocutory injunction, preventing the transfer of property until it has made a final decision. To do otherwise would cause irreparable harm and would complicate legal title to the property if the person contesting the transfer ultimately prevailed.

Thus, though the courts value finality in most proceedings, interlocutory orders and appeals are available to protect important rights and to enhance judicial economy.

From link below-

www.answers.com/topic/interlocutory?cat=biz-fin

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United States Court of Federal Claims
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The United States Court of Federal Claims (COFC) is a court that hears claims against the United States government. The court is established pursuant to Congress's authority under Article One of the United States Constitution. Unlike judges of courts established under Article Three of the United States Constitution, judges on the Court of Federal Claims do not have lifetime tenure. Instead, the judges serve for a term of fifteen years, and are eligible for reappointment. The judges of the court are nominated by the President and confirmed by the Senate for a term of fifteen years.

The court house of the Court of Federal Claims is situated in the Howard T. Markey National Courts Building (on Lafayette Square across from the White House) in Washington, D.C..

Contents [hide]
1 History
2 Jurisdiction
3 Appeals
4 Notes
5 Bibliography
6 External links



[edit] History
The court was formed on October 1, 1982 as the United States Claims Court, a successor to the trial division of the Court of Claims. On October 28, 1992, the name of the court was changed to the United States Court of Federal Claims.[1]


[edit] Jurisdiction
The court has limited jurisdiction, spelled out in 28 U.S.C. § 1491: it hears claims for money that arise from the United States Constitution, federal statutes, executive regulations, or express or implied-in-fact contracts with the United States Federal Government (see the Tucker Act). The court has concurrent jurisdiction with U.S. district courts, when the claim is for less than $10,000, by the provisions of 28 U.S.C. § 1346. Claims have a statute of limitations of six years from the time the claim first accrues. This limitation is strictly construed by the court.

The court has concurrent jurisdiction involving contracts with the United States Government, where a contractor has the option of choosing between filing suit with the court or with the agency Board of Contract Appeals. The general rule is that a contractor may either 1) file suit within 90 days with the agency Board of Contract Appeals or 2) file suit within one year with the court. A contractor, however, must choose which forum in which to file; a contractor cannot file suit with both the agency Board and with the court. (However, in a case where a contractor has filed with the Board, and the Government challenges the timeliness of the filing — the 90-day limit is statutory and cannot be extended — the contractor can file with the court within the one-year period to protect its claims.)

Unlike district courts, which generally only have jurisdiction over disputes in their geographic district, the COFC has jurisdiction over disputes wherever they occur in the country. To accommodate litigants, judges on the court may hold trials at local courthouses near where the disputes arise.

All trials at the court are bench trials, without juries. Because the court only hears cases against the Government, the United States is always the defendant in cases before the COFC.


[edit] Appeals
Judgments of the court may be appealed to the United States Court of Appeals for the Federal Circuit.


[edit] Notes
^ uscourts.gov

[edit] Bibliography
The United States Court of Federal Claims handbook and procedures manual by David B. Stinson. 2nd ed. Washington, D.C.: Bar Association of the District of Columbia, 2003.
The United States Court of Federal Claims : a deskbook for practitioners by United States Court of Federal Claims Bar Association. 4th ed. Washington, D.C.: The Bar Association, 1998.

From link below-

en.wikipedia.org/wiki/United_States_Court_of_Federal_Claims