What is the test for determining whether a person is entitled to sue for damages when they are not able to prove their claim?
MultiRegion, United States of America
The following excerpt is from U.S. v. Brown, 761 F.2d 1272 (9th Cir. 1985):
The first part of this test presents a mixed question of law and fact. But because it requires us to consider primarily legal concepts and "to exercise judgment about the values that animate legal principles," we review the district court's decision regarding it de novo. United States v. McConney, 728 F.2d 1195, 1202 (9th Cir.) (en banc), cert. denied, --- U.S. ----, 105 S.Ct. 101, 83 L.Ed.2d 46 (1984).
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