28 U S C 1291 Final Judgment Rule
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Civil Procedure1
Example wrong choices
19169_wedding_vendor_no_appeal · CIVIL_PROCEDURE · Choice AYes, because any dismissal in a multi-defendant case is immediately appealable.
Why it's attractive
The phrase 'any dismissal' is an absolute that the student can register as a giveaway — Rule 54(b) is the carved-out route that requires the express direction and the express finding, so 'any' cannot be true.
Why it's wrong
The phrase 'any dismissal' is an absolute that the student can register as a giveaway — Rule 54(b) is the carved-out route that requires the express direction and the express finding, so 'any' cannot be true.
19169_wedding_vendor_no_appeal · CIVIL_PROCEDURE · Choice BNo, because dismissals of claims against fewer than all defendants are never appealable.
Why it's attractive
The phrase 'never appealable' is an absolute; Rule 54(b) is precisely the carve-out. The 'never' is detectable from the answer text.
Why it's wrong
The phrase 'never appealable' is an absolute; Rule 54(b) is precisely the carve-out. The 'never' is detectable from the answer text.
19169_wedding_vendor_no_appeal · CIVIL_PROCEDURE · Choice CYes, because Daniel is no longer a party to the case.
Why it's attractive
The student sees that Daniel is out, treats the dismissal as 'final as to Daniel,' and concludes the plaintiff can appeal. The Gold Key tells them that 'final as to one party' is not 'final for appellate purposes' under § 1291 without Rule 54(b) certification.
Why it's wrong
The student sees that Daniel is out, treats the dismissal as 'final as to Daniel,' and concludes the plaintiff can appeal. The Gold Key tells them that 'final as to one party' is not 'final for appellate purposes' under § 1291 without Rule 54(b) certification.
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