Sentences with phrase «applicable standard of review»

NYSRPA believes the challenged portions of the Act will fail any applicable standard of review for constitutional rights and that enjoining enforcement is in the public interest.

Finally, what is the applicable standard of review?

As a refresher, Dunsmuir held that certain presumptions will point to the applicable standard of review; the level of deference afforded to statutory administrative decision - makers.

In a nutshell: the relevant jurisprudence concerning the applicable standard of review of intelligence sources and analysis was developed by the General Court in a series of judgments concerning the freezing of assets of the People's Mojahedin Organization of Iran («PMOI») in connection with the EU's fight against terrorism.

And reasonableness is the applicable standard of review here ̶ the questions of law at issue are of «a very technical nature» which the CITT will often be better equipped than a reviewing court to answer.

The Court of Appeal unanimously overturns the chambers justice on this point, and rules the applicable standard of review to apply to the Minister's decision is reasonableness.

Despite this, it appears both ATB and the AUPE expended significant time and energy arguing over what the applicable standard of review would be in their case.

The Court stated the applicable standard of review is a relevant consideration in determining whether there is a reasonable chance of success.

Sattva is directly relevant with respect to the preliminary question of the applicable standard of review that an appellate court must apply with respect to issues of contract interpretation.

Our Utah and Nevada attorneys understand that effective appellate advocacy is about careful issue selection, understanding the applicable standards of review, and having the ability to communicate and persuade through the written word.

The Court of Appeal likewise ruled the applicable standard of review was correctness, but did so on very different grounds, which was the subject of my post in Where Are We Going on Standard of Review in Alberta?.

[15] This Court described the applicable standard of review in mobility cases in MacPhail v Karasek, 2006 ABCA 238 (CanLII) at paras 25 - 27, 409 AR 170:

She also considered whether «jurisdictional defect» includes not only true questions of jurisdiction but also excesses of jurisdiction such as errors of fact, law, or discretion offending the applicable standard of review.

Justice Sachs held that the Commission's decision was justifiable and transparent, and met the applicable standard of review of reasonableness.

As the Superior Court decisions were decisions on motions involving questions of law, the applicable standard of review for the appeals was correctness.

Importance: The C.A. identified reasonableness as the applicable standard of review attracting deference to the decision of the chambers judge.

The Victory Motors decision is also relevant with regard to the applicable standard of review to be applied by the reviewing court when judicially reviewing the Board's decision.

The Court of Appeals of Washington addressed the applicable standard of review, stating that tying arrangements and price - fixing are traditionally deemed per se violations of antitrust law.

The Fifth Circuit first addressed the applicable standard of review.

The Supreme Court found that the applicable standard of review was that the legislation was rationally related to a legitimate state interest.

Prior to the enactment of the Fair Housing Act Amendments of 1988 adding handicapped to the protected classes, the Supreme Court addressed the applicable standard of review for alleged Equal Protection clause violations against mentally retarded people in the case City of Cleburne v. Cleburne Living Center.