you know, i might be able to win a case on reasonableness, anyways.
i would rather have the court consider correctness.
but,
i guess the truth is that they're going to make that choice based on
existing case law, and i don't even really get the benefit of a
presentation. i'm going to throw all this shit down on the table, and
they're the ones that are going to determine the correct standard of
review.
reasonableness is supposed to provide for a lot
of deference. but, it's not total. it needs to look at whether the
ruling falls into a reasonable set of possible outcomes. the idea is
that the court can set up a kind of multivalued function, but it's not
supposed to pass judgement on the outcome, so long as it falls into the
correct range it's defined in the mapping. but, it has to define the
mapping, first. and, if i can convince the judge that the legislation is
such that this outcome is outside of the proper mapping - because the
adjudicator misinterpreted the evidence - then i could conceivably get
the court to rule the outcome is unreasonable.
i should make both arguments.
1) the outcome is unreasonable, because the statue provides for minimal discretion.
2) the outcome is incorrect, because the statute provides for minimal discretion.
i
guess the point is that the statute provides for minimal discretion,
and she misinterpreted the evidence, producing a result that is both
incorrect and unreasonable.
yeah.
ok.
i think i've got that clear in my head, now.