Does a petitioner have the better of two reasonable legal arguments?
MultiRegion, United States of America
The following excerpt is from Chia v. Cambra, 281 F.3d 1032 (9th Cir. 2002):
petitioner has the better of two reasonable legal arguments, but rather leaves us with a `firm conviction' that one answer, the one rejected by the court, was correct and the other, the application of the federal law that the court adopted, was erroneous in other words that clear error occurred." Van Tran v. Lindsey, 212 F.3d 1143, 1153-54 (9th Cir.), cert. denied, 531 U.S. 944, 121 S.Ct. 340, 148 L.Ed.2d 274 (2000).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for striking a motion where the affiant makes legal arguments and draws legal conclusions? (Canada (Federal), Canada)
If there is an error in the finding that a defendant is not guilty beyond a reasonable doubt on the basis of reasonable doubt, is that error harmless beyond reasonable doubt? (MultiRegion, United States of America)
What evidence has been found that no reasonable juror would have found petitioner guilty beyond a reasonable doubt? (MultiRegion, United States of America)
How has reasonable doubt been interpreted by courts in defining reasonable doubt? (MultiRegion, United States of America)
What is the legal test for evidence that supports the argument that an expert can provide evidence in an administrative record review? (MultiRegion, United States of America)
What is the legal test for "natural and reasonable meaning" of an insurance policy? (MultiRegion, United States of America)
How have the reasons for exclusion been explained in the reasons of the board? (Canada (Federal), Canada)
What is the difference between whether a reasonable officer could have believed that the force used was reasonable under the circumstances? (MultiRegion, United States of America)
How have the courts treated counsel's closing argument in closing arguments? (MultiRegion, United States of America)
What is the test for whether a person who has been found unfit to stand trial for murder by reason of reason is considered to be a "dangerous person" under s. 19(1)(a)(ii) of the Mental Health Act? (Canada (Federal), Canada)
