Exam Blog

Administrative Law - Spring 2008

> I'm going through the Review Questions, particularly the part about
> 'judicial review', and the question about 'standards for review of
> agency findings of fact'.
>
> I cannot figure out what "independent judgment on the evidence" means;
> nor can I find anything in the lecture notes or the book about the
> "clearly erroneous" or "some evidence"
> standards.

These are parallels with standards in civil procedure for various types of judicial review. Independent judgment on the evidence means that the reviewing judge takes the record as is, but makes his/her own determination, rather than deferring to the original fact finder. Clearly erroneous is at it sounds - the judge lets the ruling stand unless he/she is sure the decision is wrong. This is a highly deferential review. Some evidence is like the standard for motions for summary judgment - the decision is upheld if it is supported by some evidence. This is less than a preponderance of the evidence but more than a scintilla.:-)

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