Appellate Practice
Final Judgment Rule
The principle that appeals usually wait until the trial court has entered a final decision resolving the whole case.
Governing rule: 28 U.S.C. § 1291
Plain-English definition
The final judgment rule prevents most piecemeal appeals. A party generally cannot appeal every adverse ruling as it happens. Instead, the party waits until final judgment, then challenges earlier rulings as part of one appeal.
How it works
Exceptions exist for certain injunctions, certified interlocutory orders, collateral orders, mandamus, and specific statutes.
Why it matters
Knowing whether an order is appealable now or later can decide litigation strategy and preserve rights.
Related terms
More in Appellate Practice
Abuse of Discretion
A deferential appellate standard used when reviewing many trial-management and discretionary decisions.
Affirm
An appellate court's confirmation that the lower court's decision was correct and should stand.
Amicus Curiae
Latin: 'friend of the court.' A non-party who files a brief offering perspective or expertise on a legal question before the court.
Certiorari
A discretionary appellate review, especially the U.S. Supreme Court's review of decisions from lower courts.
Clear Error
A deferential standard for reviewing factual findings, reversed only when the appellate court is firmly convinced a mistake was made.
De Novo Review
An appellate standard where the reviewing court gives no deference to the lower court’s legal conclusion.
Dictum
A statement in a court opinion that is not necessary to the holding and therefore not binding precedent.
En Banc
French: 'on the bench.' A hearing or rehearing before all the judges of an appellate court rather than the usual three-judge panel.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.