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Standard of Review

Definition

The level of scrutiny a court applies when reviewing lower court or agency decisions. Different standards (de novo, clear error, substantial evidence, arbitrary and capricious) require different degrees of deference to the lower decision-maker. The parties dispute which standard applies to the SEC's statutory interpretation.

Examples

  • The petitioner argues the Ninth Circuit applied an improper standard of review by deferring too heavily to the SEC's statutory interpretation

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