Sentence examples for an erroneous standard from inspiring English sources

"We believe the Kansas Supreme Court used an erroneous standard of review; this is not the end of the judicial process," she said.

Since the issue of voluntariness might fairly have gone either way on the whole of the testimony, petitioner has clearly been prejudiced by the application of an erroneous standard to his federal claim by the state trial judge in allowing the confessions to go to the jury.

During the past five Terms of the Court, we have found it necessary to vacate and remand for reconsideration 14 cases in which a Court of Appeals has applied an erroneous standard in passing on an indigent's application for leave to appeal.

The N.H.L. offer provided for an appeal process involving a neutral arbitrator on a "clearly erroneous" standard.

In Rogers v. Richmond, supra, the Court, upon finding that the state trial judge applied a wholly erroneous standard of voluntariness, ordered a new trial.

SUPPLEMENTAL DISCIPLINE: Additional procedural safeguards, including ultimate appeal right to a neutral third-party arbitrator with a clearly erroneous standard of review.

1989) ("Where an appeal challenges actions or findings of the district court to which an appellate court gives deference by judging under an abuse of discretion or clearly erroneous standard, the court is more likely to find that the appellant's arguments are frivolous").

Petitioner's contention that the Court of Appeals should have applied a three-tiered standard of review—a clearly erroneous standard for findings of historical fact, a de novo standard for the determination that counsel violated Rule 11, and an abuse-of-discretion standard for the choice of sanction—is rejected.

Historical facts 'found' in the perspective framed by an erroneous legal standard cannot plausibly be expected to furnish the basis for correct conclusions if and merely because a correct standard is later applied to them.

This Court will not disturb those findings [of a chancellor] unless manifestly wrong, clearly erroneous, or an erroneous legal standard was applied.

The Ninth Circuit vacates a preliminary injunction "only if the district court abused its discretion, or based its decision on an erroneous legal standard or clearly erroneous findings of fact". Id.; accord Ocean Garden, 953 F.2d at 502; Associated Gen. Contractors of Cal.