Warning

Info

LSDefine

Simple English definitions for legal terms

collateral order doctrine

Read a random definition: lease and release

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

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
12:34
gotchu
hello friends
13:09
Yo
lawguy we're nearly stats twins :D
13:13
I saw that, and I saw you got the Georgetown interview invite yesterday too! Goodluck!
you too haha, i was super surprised to have received one so early not gonna lie
i heard the group interview is really chill and I'm kinda excited to do it
seems cool
13:14
Yeah, 7sage has a page that talks about the questions for each schools interview, GULC's seems unique
13:15
Idk how much of an effect it has on admissions chances but should be cool either way
ive heard the conversion rate for gulc group interview is pretty high even moreso if you have the stats
it's hard to say but i've also heard that the group interview is harder to get than the alumni interview. but who really knows tbh
im p sure they don't interview everyone and getting one this early should be a great sign!
13:16
Yeah I've heard the same ab the group interview
13:17
So maybe I'll see you in D.C. a year from now lmao
initiallaw
13:32
Speaking of stat twins kazuyamishima were exact stat twins lol
17:13
Anyone going to the UGA zoom thing on the 22nd?
17:16
My bad, 24th*
Idk, what's it for?
@Law-Guy: How'd you get the Vandy fee waiver?
17:32
What does going ur3 in 3 days mean at Uva 😅
that you will get UR2 in 3 more
17:33
somethings gotta give
I’m new. What’s the UR and UR2?
17:35
I already went ur2. It’s the 3rd status date change
17:35
@RustyWrangler: attend one of their virtual info sessions and they'll send you a fee waiver
@Law-Guy: Awesome, thanks! I'll sign up rn!
i'm not entirely sure
They've recently been sending a lot of interview invites
It means status change?
LSD+ is ad-free, with DMs, discounts, case briefs & more.