appeal

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.

Several states have defined the abuse of discretion standard to apply to both the interpretation of a hearsay rule, which is a matter of law, as well as to the admissibility of the hearsay, which is a matter of discretion.

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.

The judge found MSHA's failure to concede abuse of discretion under the circumstances disconcerting given the mandatory language of the Mine Act and its legislative history.

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, ".

In their petition, they told the high court that the House of Representative leaders committed grave abuse of discretion for ratifying the bicameral conference committee report for TRAIN 'despite the glaring lack of quorum.

In upholding the earlier decision of the NTC approving this spectrum co-use, the Court said that the NTC "cannot be said that it acted with grave abuse of discretion.

COURT'S OPINION: The Court of Appeals of Texas held that Mandamus will issue to correct a clear abuse of discretion when there is no adequate remedy by appeal.