Simple English definitions for legal terms
Read a random definition: negotium
Death-Knell Doctrine: A rule that allows an appeal before a final judgment if waiting for the final judgment would harm the appellant's rights. This rule was limited by the U.S. Supreme Court in 1978, but it still applies in some situations. For example, it allows an immediate appeal of the denial of a temporary restraining order when there is nothing left to consider in the trial court.
The death-knell doctrine is a rule that allows an interlocutory appeal if waiting until final judgment would make the issue on appeal irrelevant and harm the appellant's rights. It is an exception to the final-judgment rule. For example, if a temporary restraining order is denied, the lack of an appeal would leave nothing to be considered in the trial court, so the death-knell doctrine allows an immediate appeal. However, the U.S. Supreme Court limited the doctrine in Coopers & Lybrand v. Livesay, stating that it does not permit an immediate appeal of an order denying class certification.
These examples illustrate how the death-knell doctrine allows for immediate appeals in certain situations to prevent irreparable harm to the appellant's rights.