What is the legal standard used by the courts to determine the correct legal standard?

MultiRegion, United States of America

The following excerpt is from Doe v. Kelly, 878 F.3d 710 (9th Cir. 2017):

If the district court identifies the correct legal standard, "it will not be reversed simply because the appellate court would have arrived at a different result if it had applied the law to the facts of the case." Am. Trucking Ass'ns, Inc. v. City of Los Angeles , 559 F.3d 1046, 1052 (9th Cir. 2009) (quotation omitted). Rather, the court only abuses its discretion when its application of the standard is "illogical, implausible, or without support in inferences that may be drawn from the record." United States v. Hinkson , 585 F.3d 1247, 1262 (9th Cir. 2009) (en banc).

[878 F.3d 720]

Other Questions


What is the test for determining whether a state court has applied the correct federal standards? (MultiRegion, United States of America)
What is the legal standard for determining that a plaintiff has met the standard of a plaintiff's claim in a civil case? (federal, United States of America)
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
If a court finds that a sanction imposed by a district court was an abuse of power, does the court have any authority to determine whether the sanction was abused or abused? (MultiRegion, United States of America)
Does a federal court have jurisdiction to determine whether a state court's determination was incorrect? (MultiRegion, United States of America)
What is the standard of "substantive reasonableness" used by the Court of Appeal to determine whether a factor relied on by the sentencing court was unreasonable? (MultiRegion, United States of America)
If a court finds that a plaintiff has been denied a right to sue under a different legal standard than under the current standard of care, can the finding be reviewed? (MultiRegion, United States of America)
Does a state court have more latitude than a federal court to reasonably determine that a defendant has not satisfied the standard of conduct required for a motion to be heard in a civil case? (MultiRegion, United States of America)
Can a federal district court rely on an erroneous legal standard in its determination of whether or not to grant a preliminary injunction? (MultiRegion, United States of America)
Can a federal habeas court re-examine a state court's determination that a claim raised solely an issue of state law? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.