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Simple English definitions for legal terms

residuum rule

Read a random definition: beneficium divisionis

A quick definition of residuum rule:

Residuum Rule: A rule in administrative law that says if an agency decision is based on hearsay evidence, it can only be upheld by a court if there is at least some good evidence to support it. However, this rule is not commonly used by federal and state courts.

A more thorough explanation:

Definition: The residuum rule is a principle in administrative law that states that if an agency decision is based on hearsay evidence, it will only be upheld on judicial review if the decision is founded on at least some competent evidence. However, this rule has generally been rejected by federal and state courts.

Example: Let's say that a government agency is investigating a company for violating environmental regulations. During the investigation, an employee of the company tells the agency that the company has been dumping hazardous waste into a nearby river. The agency includes this hearsay evidence in its decision to fine the company for the violation. However, the company appeals the decision, arguing that the hearsay evidence should not have been considered. If the court applies the residuum rule, it will only uphold the agency's decision if there is some other competent evidence to support the violation.

Explanation: The example illustrates how the residuum rule works in practice. The agency's decision to fine the company was based partly on hearsay evidence, which is generally considered unreliable. If the court applies the residuum rule, it will only uphold the decision if there is some other competent evidence to support the violation. This ensures that agency decisions are based on reliable evidence and are not arbitrary or capricious.

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BulbasaurNoLikeCardio
12:04
I wish that wearing a mask when sick stuck around as an okay thing like it is in the rest of the world, not all of us have enough sick days to be ditching work.
Dkk
12:04
Unless its like an N95 i dont think it will really do anything
12:04
there's even a mask ban in some places. altho one of my coworkers wears a mask anyway despite customers being rude to her about it
12:05
good morning
12:05
why does umiami ask "Are you applying, or have you applied, to other law schools? If so, please list them."
BulbasaurNoLikeCardio
12:05
One manager came in sick wearing a mask, got roasted and stopped wearing it that day. The entire office has been cycling sickness for two weeks now. It may not be super effective but it may help in slowing the spread during meetings when we have to be so close
12:05
am i the only one who has never gotten my status checker to work on here?
BulbasaurNoLikeCardio
12:06
@ChowieBean: want to see what schools they share an applicant pool with, think it is all data harvesting stuff no a +/- for the applicant
12:06
ok good cuz idk whether i wanna tell them or not
12:06
thanks bulbasaur
12:08
not to be that guy again but berkeley person/applicant id is back and Shiny New Logo
be that guy
EW THE NEW LOGO IS SO UGLY
WTF
12:09
need to send in my berkeley app rawwwww
BulbasaurNoLikeCardio
12:09
@ChowieBean: should be required to tell them, the schools who asked I only told them the schools in their area not all of them.
BulbasaurNoLikeCardio
12:10
*shouldnt be
12:12
@jackfrost11770: if i get a berk A today and they have that logo im withdrawing (/s /s /s /j /j /j)
babycat
12:12
@ChowieBean: me too lol. you applying to public interest scholars program?
12:14
yes def applying public interest
12:16
i was raised like blocks away from umiami
12:16
idk if i wanna go back to florida tho so im applying there as safety/target 💀
12:25
@ChowieBean: doing the same thing
Does anyone think au gonna get back to us today
My app was complete Oct 11
If yes what time
Dkk
12:29
Sure, yes! 11:22:24 PST
ClassyPleasantHeron
12:30
I wonder if Berk was updating their system so that they could watch more video.
1a2b3c4d26z
12:41
They updated it so they could watch my video one trillion times
brookyln law portal just added person id and application id for me, what does it mean??
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