What is the test for using the term "abuse" or "misuse" in the context of a civil case?
MultiRegion, United States of America
The following excerpt is from Nealey v. Transportacion Maritima Mexicana, S. A., 662 F.2d 1275 (9th Cir. 1980):
4 We do not much like the term "abuse" in this context. It has pejorative connotations not here appropriate. But it has become the customary word. Perhaps "misuse" is milder. What we mean, when we say that a court abused its discretion, is merely that we think that it made a mistake.
Pearson v. Dennison, 353 F.2d 24, 28 n.6 (9th Cir. 1963).
"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
How has the pleading standard been interpreted in civil civil cases in the context of civil civil litigation? (MultiRegion, United States of America)
Can a federal government official be held liable for civil damages in a civil case brought by a plaintiff who was not aware of the impact of the actions of a federal civil servant on her client's civil rights? (MultiRegion, United States of America)
What is the test for a plaintiff in a civil case seeking to enforce a civil rights defense in the context of civil rights violations? (MultiRegion, United States of America)
What are the factors used to determine if a transcript is sufficient to be used as evidence in a civil case? (MultiRegion, United States of America)
In a civil case, is an instruction for abuse of discretion an instruction that a federal court should use discretion? (MultiRegion, United States of America)
What is the test for judicial review of Section 1367(b) and (c) of the Civil Code of Civil Procedure in the context of a medical malpractice case? (MultiRegion, United States of America)
Is there any case law concerning abuse of discretion by a federal judge in a civil case? (MultiRegion, United States of America)
What is the test for using the term "abuse of art" in the context of the definition of an abuse of art? (MultiRegion, United States of America)
What is the defense of a plaintiff in a civil case arising under Section 1983 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
What are some cases where the US Supreme Court has ruled in favour of a motion for a motion to dismiss a motion that would have prevented the use of the word "brawer" in the context of the Brawer case? (MultiRegion, United States of America)
