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Simple English definitions for legal terms

collateral order doctrine

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A quick definition of collateral order doctrine:

Collateral Order Doctrine: The collateral order doctrine is a rule that allows certain temporary decisions made during a court case to be appealed before the case is finished. Normally, only final decisions can be appealed, but if a temporary decision meets three conditions, it can be appealed under this rule. The three conditions are: the decision settles an important question, the question is separate from the main case, and the decision can't be appealed after the case is finished. This rule comes from a court case called Cohen v. Beneficial Loan Co.

A more thorough explanation:

The collateral order doctrine is an exception to the general rule against allowing interlocutory appeals. Interlocutory appeals are appeals on a temporary order issued during the course of litigation. As a general rule, only final judgments are appealable. Nonetheless, some interlocutory decisions act as final judgments to certain rights. Therefore, interlocutory decisions are appealable under the collateral order doctrine if they fulfill three conditions:

  1. The interlocutory decision conclusively determined the disputed question
  2. The disputed question is important and entirely separable from the merits of the action
  3. The interlocutory decision is effectively unappealable after a final judgment is handed down

For example, in Cohen v. Beneficial Loan Co., an interlocutory decision regarding whether a New Jersey statute which required parties to offer a security interest before trial is applicable in federal court was subject to the collateral order doctrine and could therefore be appealed before the trial’s conclusion.

Another example could be a decision on whether a defendant's confession was obtained illegally. If the court determines that the confession was obtained illegally, it may be subject to the collateral order doctrine and could be appealed before the trial's conclusion.

These examples illustrate how the collateral order doctrine allows for certain interlocutory decisions to be appealed before the conclusion of a trial if they meet the three conditions outlined above.

collateral estoppel | collaterals

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shaquilleoatmeal
11:44
@Trismegistus: real one
Trismegistus
11:44
thats only one person tho
11:45
MASSIVE penn wave
Trismegistus
11:45
does penn call or portal?
lilypadfrog
11:46
@Trismegistus: twin when did you apply? I applied in mid nov
cumsock
11:47
35% spike in applicants this cycle what the fuckkkkk
11:47
i applied 5 days ago, should i be worried i missed this wave
Trismegistus
11:47
all my apps are oct- to mid nov, except nyu which was dec
Trismegistus
11:47
penn was oct
PuppyBot
11:47
why does everyone want to be a lawyer
PuppyBot
11:47
jacking my style all of a sudden
cumsock
11:49
"But I also want to end on this note. Don't be afraid of being wrong. And what I mean by that is, being wrong about a school. I applied to Princeton coming out of high school and didn't get in. I ended up going to Vanderbilt. I could never see myself having gone anywhere but Vanderbilt." -Spivey
cumsock
11:49
this type of advice makes me so pissed like brotha
Trismegistus
11:50
why
11:51
omg another penn
11:51
its happening
@shaquilleoatmeal: I am now 31 and in group chats with people in their 50s and in their early 20s, as long as it isn't something weird being in the meme chat is chill
Trismegistus
11:51
are people fucking with me or what
siroracle
11:51
The crux of the advice is apply to worse schools and take what ya get
Trismegistus
11:52
does penn call or update to portal/ email?
cumsock
11:52
@Trismegistus: cus how does not getting into the best school in the country and "settling" for one of the most prestigious schools in vandy help anyone realistically
@Trismegistus: ^^^^
11:52
p sure they call
cumsock
11:52
ig it only helps people who are ab to jump off a bridge if they dont get into YLS
Trismegistus
11:53
@cumsock: yeah, im not sure really, i think it's just that, life is what you make it, peace with your fate once it happens? idk, i agree with you though
HopefullyInLawSchool
11:53
Another day another dollar
@cumsock: yeah lmao guy is such a prick, my bad i had to settle for vandy
lilypadfrog
11:54
he is a terrible writer. his personal writing blog is shockingly bad
@lilypadfrog: are there flowers on your lily pad?
11:55
how was your first day of classes @knowledge
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