Sentences with phrase «wrong standard»

The problem is that's the wrong standard.

Citing disagreements on the law that have emerged in different federal appeals courts, Silver claims that at trial, U.S. District Judge Valerie Caproni applied the wrong standards to money laundering, bribery and extortion charges.

The Supreme Court said the lower court used the wrong standard.

The court's decision, written by Justice Anthony Kennedy, contended that the Fifth Circuit reviewed the Texas admissions policy under the wrong standard.

It is absolutely the wrong standard.

Trial courts have three times ruled for the Utah family; the appeals court has twice ruled that trial courts used the wrong standard and twice remanded it.

On appeal, Schaefer reiterated his arguments below and added that the lower court applied the wrong standard to his spoliation claim.

The trial court expressly stated the standard it used to support its decision to order supervised parenting time was because it was in the best interests of the children; which is the wrong standard of proof.

Determining that both the district judge and Ninth Circuit used the wrong standard, SCOTUS — in a decision authored by Justice Kagan — articulated that a «but - for» test was appropriate, where the award must have a causal connection between the sanctioned litigant's misbehavior and the legal fees by the opposing party seeking the sanction.

The parents appealed, arguing the trial judge applied the wrong standard of care for bystander parents who had not committed the actual abuse.

In essence, his grounds are as follows: the appeal decision applies the wrong standard of review and substitutes that court's view of the facts for those of the learned trial judge.

If we use the wrong standard to measure our success, we never measure up.