In a somewhat confusing opinion that best encapsulates the conflict and confusion underlying the question of what standard of review should apply to hearsay rulings, the Supreme Court of Connecticut seems to adopt a de novo standard of review rule for pure hearsay questions by definition, but then actually applies an abuse of discretion
standard to the facts of the case.
41) The Garcia court did so without independently examining Argentine law to determine whether this was the correct conclusion; instead, the Fourth District concluded there was no abuse of discretion
because the plaintiffs' expert affidavit supported this conclusion.
57) lower courts often utilize a categorical approach under which questions of fact are reviewed under a clearly erroneous standard, questions of law are reviewed under a de novo standard, mixed questions of fact and law are reviewed under either a clearly erroneous or de novo standard depending upon the nature of the issue, and questions of trial court discretion are reviewed under an abuse of discretion
In sum, the application of the abuse of discretion
standard has evolved from the language of Rule 1.
Matters relating to the setting of bail and the conditions attached to a defendant's pretrial release on bail are reviewed under an abuse of discretion
Courts are often either confused about what standard of review is proper for hearsay rulings or are reconsidering whether new tests should be created specifically for hearsay rulings, with many jurisdictions abandoning the traditional abuse of discretion
review of evidentiary rulings.
Finally, in Part IV, I press my central thesis: Appellate courts should apply the same rigorous version of abuse of discretion
review to decisions on FNC that they apply to rulings on class certification.
The abuse of discretion
standard is rooted in the principle that the trial judge is better situated to examine certain factors and the overall impact upon a proceeding.
The supreme court reviewed the trial court's decision under an abuse of discretion
The bank, which was closed recently, has filed a suit against banking regulators for alleged 'grave abuse of discretion
Supreme Court came down on the side of the abuse of discretion
said the board's fine was "arbitrary, capricious, and an abuse of discretion
," according to its petition filed in Pulaski County Circuit Court.
358) The Federal Circuit agreed with the ASBCA to apply the four-prong abuse of discretion
test of McDonnell Douglas Corporation v.
Stuart Waxman, who concluded Valenzuela never was instructed to keep his hair at a certain length and that the suspension ruling by stewards Ingrid Fermin, George Slender and Tom Ward was ``arbitrary, capricious and an abuse of discretion
The court rejected this argument; instead it held the appropriate review was for abuse of discretion