A Judge S Footnote Is A Certification Order
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
19337_wedding_photographer_1292b · CIVIL_PROCEDURE · Choice BYes, because important questions are automatically appealable.
Why it's attractive
The student accepts the 'important issue' footnote as the statutory hook and concludes that an as-of-right appeal must exist. The breaker is the text of Section 1292(b): a judge's footnote is not a certification, and 'importance' alone is not the statutory test; the two-step route is mandatory.
Why it's wrong
The student accepts the 'important issue' footnote as the statutory hook and concludes that an as-of-right appeal must exist. The breaker is the text of Section 1292(b): a judge's footnote is not a certification, and 'importance' alone is not the statutory test; the two-step route is mandatory.
19337_wedding_photographer_1292b · CIVIL_PROCEDURE · Choice CNo, because interlocutory appeal is impossible in federal court.
Why it's attractive
The 'interlocutory appeal is impossible in federal court' framing is a flat overclaim. The breaker is that interlocutory review does exist through a small set of permission-based routes: Section 1292(a) (injunctions), Section 1292(b) (certified question), Rule 23(f) (class certification), mandamus, and the collateral-order doctrine.
Why it's wrong
The 'interlocutory appeal is impossible in federal court' framing is a flat overclaim. The breaker is that interlocutory review does exist through a small set of permission-based routes: Section 1292(a) (injunctions), Section 1292(b) (certified question), Rule 23(f) (class certification), mandamus, and the collateral-order doctrine.
19337_wedding_photographer_1292b · CIVIL_PROCEDURE · Choice DYes, because district-court certification is unnecessary.
Why it's attractive
The student treats the district-court certification as optional. The breaker is the text of Section 1292(b): the statute expressly conditions immediate appeal on the district court's certification. Eliminating the certification step rewrites the statute; the rule stated in the answer text is not the law.
Why it's wrong
The student treats the district-court certification as optional. The breaker is the text of Section 1292(b): the statute expressly conditions immediate appeal on the district court's certification. Eliminating the certification step rewrites the statute; the rule stated in the answer text is not the law.
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