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Simple English definitions for legal terms

death-knell doctrine

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A quick definition of death-knell doctrine:

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.

A more thorough explanation:

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.

  • If a company is denied a temporary restraining order to stop a competitor from using their patented technology, the death-knell doctrine would allow an immediate appeal to prevent irreparable harm to the company's rights.
  • However, if a court denies class certification for a lawsuit against a company, the death-knell doctrine does not apply, and the company must wait until final judgment to appeal.

These examples illustrate how the death-knell doctrine allows for immediate appeals in certain situations to prevent irreparable harm to the appellant's rights.

death duty | death warrant

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