Removing the power to look into grave abuse of discretion
would be 'very significant in the sense that it lessens the power of the judiciary to inquire into acts of the other agencies,' Integrated Bar of the Philippines national president Abdiel Dan Fajardo said in a text message.
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.
29) Thus, with the Ham decision, the trial court's written order must employ the Kozel balancing test, or be reversed as an abuse of discretion
In spite of the fact that courts using this standard emphasize the "fact- and case-specific" determinations, a few of the appellate courts ordinarily reviewing admission of hearsay evidence for abuse of discretion
find that there may be some questions of law within the hearsay rule, which permits the court to review those questions de novo.
However, the court found that both of the plaintiffs contentions concerning evidentiary rulings by the trial court, which were subject to an abuse of discretion
review, were well within the discretion of the trial judge, and that the trial judge's rulings could not be overturned absent a showing of an abuse of discretion
by the trial judge.
The commission and its judges must consider whether citations should be set aside based on abuse of discretion
, prejudice, or due process considerations.
The court held, inter alia, that in accordance with the grounds Horizon set forth for its appeal, the court would review the trial court's ruling for an abuse of discretion
Its second issue was whether it was an abuse of discretion
for the trial judge to grant Searcy an extension of time to file amended expert witness reports.
Abuse of discretion
means that the Tax Court cannot overturn the Appeals officer's determination unless it is "arbitrary, capricious, clearly unlawful, or without sound basis in fact or law" [Ewing, 122 TC 32, 39 (2004)].
A century ago, the Florida Supreme Court, following Illinois law, announced that it would reverse certain issues only if the appellant demonstrated that the trial court had committed a "gross abuse of discretion
6330(d) allows a taxpayer to appeal the Service's determination in the hearing to the Tax Court, but does not specify whether the Tax Court's standard of review is de novo or abuse of discretion
Plaintiffs must prove that the commission's decision was based on ``fraud or prejudicial abuse of discretion
A change may be an abuse of discretion
if it results in similar taxpayers being taxed differently.
Generally, courts will not substitute their own judgment for that of an Administrative Law Judge unless the decision was so "arbitrary and capricious" as to constitute an abuse of discretion
Calling Sierra Sands' failure to demonstrate why it could not accommodate Ridgecrest's students on a single site, "an abuse of discretion
," the Court of Appeals ruled 3-0 in favor of the charter school, stating, ".