Multistate Bar Examination Practice Question

A plaintiff filed a lawsuit against a defendant in federal court for breach of contract. After trial, the court entered a judgment in favor of the plaintiff, awarding monetary damages. However, the court has not yet ruled on the defendant’s motion for attorney’s fees, which was filed before the judgment. The defendant wishes to file an appeal at this point. Would the defendant’s appeal comply with the final judgment rule?

  • No, because the issue of attorney’s fees still needs to be decided.

  • Yes, because the judgment addresses the main claim in the case.

  • Yes, because attorney’s fees are considered separate from the judgment.

  • No, because filing an appeal requires a specific court directive in this situation.

Multistate Bar Examination
Civil Procedure
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