16:37
@llama: no worries haha i also use dude for everyone even though i am a dudette
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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:
- The interlocutory decision conclusively determined the disputed question
- The disputed question is important and entirely separable from the merits of the action
- 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.