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Tag: standards of review

Levels of Scrutiny_final_72ppi
Concepts

Levels of Scrutiny

How courts determine if the government is violating the Constitution.

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USBankvVillageatLakeridgeDecision
Case Explainer

US Bank National Association v. Village at Lakeridge (Decision March 5, 2018)

The appeals court correctly chose to review the bankruptcy court determination for clear error instead of de novo review. The determination was primarily fact-based.

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Case Explainer

U.S. Bank National Association v. Village at Lakeridge (Argument October 31, 2017)

Shortly after Village at Lakeridge filed for bankruptcy, Dr. Rabkin bought a claim worth $2.76 million for $5,000.  How strictly should the appellate court review the bankruptcy court decision that Rabkin was not a non-statutory insider?

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Case Explainer

Wilson v. Sellers (Argument October 30, 2017)

Should the federal court review the one-sentence decision below, or look at the prior court’s decision to consider the court’s reasoning?

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Onthemerits
Concepts

What is a decision “on the merits”?

Concept explainer: What is a decision “on the merits”?

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