Help


[permalink] [id link]
+
Page "Common law" ¶ 13
from Wikipedia
Edit
Promote Demote Fragment Fix

Some Related Sentences

standard and review
There are many types of standard of review for appeals, such as de novo and abuse of discretion.
For example Connecticut applies the following standard to review unpreserved claims: 1. the record is adequate to review the alleged claim of error ; 2. the claim is of constitutional magnitude alleging the violation of a fundamental right ; 3. the alleged constitutional violation clearly exists and clearly deprived the defendant of a fair trial ; 4. if subject to harmless error analysis, the state has failed to demonstrate harmlessness of the alleged constitutional violation beyond a reasonable doubt.
This might be the proper standard of review, for example, if the lower court resolved the case by granting a pre-trial motion to dismiss or motion for summary judgment which is usually based only upon written submissions to the trial court and not on any trial testimony.
In cases where a judge rather than a jury decided issues of fact, an appellate court will apply an " abuse of discretion " standard of review.
For a recent review, see The authors admits that their model " does not solve the entropy and flatness problems of standard cosmology ..... and we can provide no explanation for why the current universe is so close to being spatially flat.
In 1999, John Earman and Jesús Mosterín published a thorough critical review of inflationary cosmology, concluding that “ we do not think that there are, as yet, good grounds for admitting any of the models of inflation into the standard core of cosmology ”.
However, a review of standard reference works
Therefore, when a merger with a controlling stockholder was: 1 ) negotiated and approved by a special committee of independent directors ; and 2 ) conditioned on an affirmative vote of a majority of the minority stockholders, the business judgment standard of review should presumptively apply, and any plaintiff ought to have to plead particularized facts that, if true, support an inference that, despite the facially fair process, the merger was tainted because of fiduciary wrongdoing .″
The precedential power of this case is still unclear ; to date, the Court still struggles to determine what the standard of review in political gerrymandering cases should be.
A few papers maintain a reputation for thorough and thoughtful review of restaurants to the standard of the good published guides, but others provide more of a listings service.
In American Federal Court systems, " de novo " can also refer to a standard of review for courts of appeal.
Generally, the proper standard of review for employee benefit decisions, such as the denial of benefit claims, is de novo.
In some appeals from decisions of administrative agencies, the courts apply a " substantial evidence " standard of review over the agency's factual findings.
The Bosnian Constitutional Court, particularly citing the case law of the Supreme Court of Canada, also declared that the provisions of the preamble of the Bosnian Constitution are invested with a normative force thereby serving as a sound standard of judicial review for the Constitutional Court.
The environment, health and safety aspects of aluminium gallium arsenide sources ( such as trimethylgallium and arsine ) and industrial hygiene monitoring studies of standard MOVPE sources have been reported recently in a review.
A lack of cooperation between area communities, deficient water and sewer infrastructure, and the absence of standard zoning regulations and building review processes have also paralyzed progress.
Without stating a standard of review in the majority opinion, the court overruled Bowers v. Hardwick ( 1986 ), declaring that the " Texas statute furthers no legitimate state interest which can justify its intrusion into the personal and private life of the individual.
The available evidence suggests that the Hypericum extracts tested in the included trials a ) are superior to placebo in patients with major depression ; b ) are similarly effective as standard antidepressants ; and c ) have fewer side-effects than standard antidepressants. There are two issues that complicate the interpretation of our findings: 1 ) While the influence of precision on study results in placebo-controlled trials is less pronounced in this updated version of our review compared to the previous version ( Linde 2005a ), results from more precise trials still show smaller effects over placebo than less precise trials. 2 ) Results from German-language countries are considerably more favourable for Hypericum than trials from other countries.
Because it used standard video signals, VHS camcorders could review footage in the camcorder and copy to another VCR for editing.
Although there is no standard or distinctively better way of organizing those different views, the following section offers a review of what the term " information industry " might entail, and why.
" A review from the Columbia Journalism Review, said " By any standard, Drudge's book is padded.

standard and degree
Each of these stages includes the risk of interference in case the degree of phase transfer is different for the analyte in the calibration standard and in the sample.
A PAS is a sponsored piece of work allowing organizations flexibility in the rapid creation of a standard while also allowing for a greater degree of control over the document's development.
The standard Cauchy distribution coincides with the Student's t-distribution with one degree of freedom.
; Level 3-Defined: It is characteristic of processes at this level that there are sets of defined and documented standard processes established and subject to some degree of improvement over time.
Because an individual's degree of impairment is often not correlated with symptom counts, and can stem from various individual and social factors, the DSM's standard of distress or disability can often produce false positives.
All standard military explosives may be considered to have a high degree of stability at temperatures from – 10 to + 35 ° C, but each has a high temperature at which its rate of decomposition rapidly accelerates and stability is reduced.
The Rankine temperature scale was created to use degree intervals the same size as those of the Fahrenheit scale, such that a temperature difference of one degree Rankine ( 1 R ) is equal to a difference of 1 ° F, except that absolute zero is 0 R – the same way that the Kelvin temperature scale matches the Celsius scale, except that absolute zero is 0 K. The Fahrenheit scale uses ( in the same manner as the later Celsius scale ) the symbol ° to denote a point on the temperature scale and the letter F to indicate the use of the Fahrenheit scale ( e. g. " Gallium melts at 85. 5763 ° F "), as well as to denote a difference between temperatures or an uncertainty in temperature ( e. g. " The output of the heat exchanger experiences an increase of 72 ° F " and " Our standard uncertainty is ± 5 ° F ").
Its steeply-sloped front armour offered full protection against NATO's standard. 50 calibre machine gun and partial protection against 20 millimetre Oerlikon cannon both in a 60 degree frontal arc, while its 73 mm gun and ATGM were a threat to NATO APCs and even MBTs.
This proposal had a degree of flexibility which the European Committee for Banking Standards ( ECBS ) believed would make it unworkable and they produced a " slimmed down " version of the standard which, amongst other things, permitted only upper case letters and required that the IBAN for each country have a fixed length.
There is a degree of overlap between the function of a boobytrap and an anti-handling device insofar as some mines have optional fuze pockets into which standard pull or pressure-release boobytrap firing devices can be screwed.
One standard for measurement is the degree to which a crime affects others or society.
The shutter timing was set to 90 or 45 degrees for many of the battle sequences, as opposed to the standard of 180 degree timing.
The actual degree to which the cars conform to standard model specs has changed over the years and varies from country to country.
That difference increases with temperature, and is between 1 and 70 microvolts per degree Celsius ( µV /° C ) for standard metal combinations.
Hunters are judged subjectively on the degree to which they meet an ideal standard of manners, style, and way of going.
A frequency standard generates a fundamental frequency with a high degree of accuracy and precision.
The Knights Templar confer three orders, and one passing order as opposed to the standard degree system found elsewhere in Freemasonry:
In this standard, a greater degree of believability must be met than the common standard of proof in civil actions, " Preponderance of the Evidence ", which requires that the facts as a threshold be more likely than not to prove the issue for which they are asserted.
This is the standard degree of cooking at most steakhouses, unless specified otherwise.
In 1919, the Board of Trustees enlarged the curricula and started granting a standard baccalaureate degree.
The standard route to full membership ( MAPS ) of the APS technically requires a masters or doctoral degree in psychology in an accredited course.
Most commonly the criteria for evaluating the degree of economic development is gross domestic product ( GDP ), the per capita income, level of industrialization, amount of widespread infrastructure and general standard of living.

0.336 seconds.