MBE Rules · Civil Procedure
Final judgment rule
28 U.S.C. §1291
The rule
Appellate jurisdiction generally lies only over final judgments — those that end the litigation on the merits, leaving nothing for the court to do but execute the judgment. Exceptions: collateral order doctrine, certified questions, interlocutory injunctions (§1292(a)), §1292(b) certification, Rule 54(b) certification.
In plain English
You can usually only appeal a case after the trial court has made a final decision on everything involved in the case.
Worked example
The defendant wants to appeal a judge's decision to exclude evidence, but since the trial isn't over yet, they must wait until the final verdict before appealing.
Memory hook
FINAL JUDGMENT: Case closed, appeal door opens. Appeals need a full stop, not just a pause, except for a few special detours.
The trap
Students think: Any order can be appealed. Wrong, because only final judgments qualify unless exceptions apply. The actual test is whether the order ends the litigation on the merits.
How examiners test it
The MBE loves: order resolves an issue but not the entire case. Question: appealable? Trap: assuming appealable without finality. Exceptions like collateral orders or injunctions are key.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.