Objectively unreasonable definition

Objectively unreasonable which means “most reasonable jurists exercising their independent judgment would conclude the state court misapplied Supreme Court
Sample 1Sample 2
Objectively unreasonable means something more than an “erroneous” or “incorrect” application of clearly established law, and a reviewing federal court may not substitute its judgment for the state court’s even if the federal court, in its own independent judgment, disagrees with the state court’s decision. See Williams, 529 U.S. at 411; Lockyer v. Andrade, 538 U.S. 63, 76 (2003). The reviewing court “must determine what arguments or theories supported or ... could have supported[ ] the state court’s decision; and then it must ask whether it is possible fairminded jurists could disagree that those arguments or theories are inconsistent with the holding in a prior decision of [the Supreme] Court.” Harrington v. Richter, 562 U.S. 86, 102 (2011). “This is a ‘difficult to meet,’ and ‘highly deferential standard for evaluating state-court rulings, which demands that state-court decisions be given the benefit of the doubt.’” Cullen v. Pinholster, 536
Sample 1
Objectively unreasonable means something more than an “erroneous” or “incorrect” application of clearly established law, and a reviewing federal court may not substitute its judgment for the state court’s even if the federal court, in its own independent judgment, disagrees with the state court’s decision. See Williams, 529 U.S. at 411; Lockyer
Sample 1

Examples of Objectively unreasonable in a sentence

  • Objectively unreasonable uses of force shall result in corrective action and/or discipline, up to and including termination.

  • Objectively unreasonable factual conclusions, even if drawn from the record, also violate the APA.

  • Objectively unreasonable in this context means “‘some increment of incorrectness beyond error is required’” in order to grant a federal habeasapplication.

  • Objectively unreasonable in this context means “‘some increment of incorrectness beyond error is required’” in order to grant a federal habeas application.

  • Unreasonable Objectively unreasonable uses of force shall result in corrective action and/or discipline, up to and including termination.

  • Objectively unreasonable means “ ‘some increment of incorrectness beyond error’ ” is required in order to grant a federal habeas application.

  • If n is a positive integer and X ∈ (Sn×n)g is in the domains of both L and D, then M (X) is positive semidefinite if and only if D(X) is positive semidefinite.

  • Objectively unreasonable conduct can be a breach of the covenant of good faith regardlessof the surety’s motive.

  • Objectively unreasonable in this context has been interpreted as meaning that “‘some increment of incorrectness beyond error is required’”for the habeas court to properly grant the habeas application.

  • However, changes have been made to concessions policy as part of tax reform, and therefore, this assumption is not appropriate.

Related to Objectively unreasonable

  • Unreasonably impracticable means that the measures necessary to comply with the regulations require such a high investment of risk, money, time, or any other resource or asset that the operation of a marijuana establishment is not worthy of being carried out in practice by a reasonably prudent businessperson.

  • As low as is reasonably achievable (ALARA) means making every reasonable effort to maintain exposures to radiation as far below the dose limits in these regulations as is practical, consistent with the purpose for which the licensed or registered activity is undertaken, taking into account the state of technology, the economics of improvements in relation to state of technology, the economics of improvements in relation to benefits to the public health and safety, and other societal and socioeconomic considerations, and in relation to utilization of nuclear energy and licensed or registered sources of radiation in the public interest.

  • Objective means the targets, results and goals required by the Government;

  • Business Criteria means any one or any combination of Income before Taxes, Net Income, Return on Equity, Return on Assets, Pre-tax Margin, Free Cash Flow, Valuation or EPS.

  • reasonable measures means appropriate measures which are commensurate with the money laundering or terrorism financing risks;

  • Objectives means a specific statement of planned accomplishments or results that are specific, measurable, attainable, realistic, and time-limited.

  • Criteria means one of the eight (8) state defined categories to be scored.

  • Reasonable grounds means that a reasonable person in your position would also suspect the information indicates misconduct or a breach of the law.

  • Supportive measures means individualized services that are offered to the complainant or the respondent designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening the other party. The supportive measures must be non-disciplinary and non-punitive in nature; offered before or after the filing of a formal complaint or where no formal complaint has been filed; and offered to either party as appropriate, as reasonably available, and without fee or charge. Examples of supportive measures include, but are not limited to: measures designed to protect the safety of all parties or the District’s educational environment, or deter sexual harassment; counseling; extensions of deadlines or other course-related adjustments; modifications of work or class schedules; campus escort services; mutual restrictions on contact between the parties; changes in work or class locations; leaves of absence; and increased security and monitoring of certain areas of the campus.

  • Evaluation Criteria means the criteria set out under the clause 27 (Evaluation Process) of this Part C, which includes the Qualifying Criteria, Functional Criteria and Price and Preferential Points Assessment.

  • Deadly weapon means any weapon, whether loaded or unloaded, from which a shot may be discharged, or a switchblade knife, gravity knife, billy, blackjack, bludgeon, or metal knuckles.

  • REASONABLY SAFE FROM FLOODING Means base flood waters will not inundate the land or damage structures to be removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed buildings.

  • Measurable means the amount of the transaction can be determined and “available” means collectible with the current period or soon enough thereafter to be used to pay liabilities of the current period. State equalization monies are recognized as revenue during the period in which they are appropriated. A one- year availability period is used for revenue recognition for all other governmental fund revenues.

  • Sustainability Factors means environmental, social and employee matters, respect for human rights, anti‐corruption and anti‐bribery matters.

  • Developmentally appropriate means suitable to the chronological age range and developmental characteristics of a specific group of children.

  • Reasonable Commercial Efforts means, with respect to the applicable obligation of the Company, reasonable commercial efforts for similarly situated, publicly-traded companies.

  • Business Critical means any function identified in any Statement of Work as Business Critical.

  • Technique factors means the following conditions of operation:

  • Deafness means a hearing impairment that is so severe that the student is impaired in processing linguistic information through hearing, with or without amplification that adversely affects a student’s educational performance.

  • Design Criteria Professional means a firm who holds a current certificate of registration under Chapter 481 of the Florida Statutes, to practice architecture or landscape architecture, or a firm who holds a current certificate as a registered engineer under Chapter 471 of the Florida Statutes, to practice engineering, and who is employed by or under contract to the District to provide professional architect services, landscape architect services, or engineering services in connection with the preparation of the Design Criteria Package.

  • Preventive measures means any reasonable measures taken by any person after an incident has occurred to prevent or minimize pollution damage.

  • Goals means the annual level of participation by SBEs in City Contracts as established in this chapter, the SBE Regulations, or as necessary to comply with applicable federal and state nondiscrimination laws and regulations. Goals for individual Contracts may be adjusted as provided for in this chapter and shall not be construed as a minimum for any particular Contract or for any particular geographical area.

  • Preexisting condition exclusion means, with respect to coverage, a limitation or exclusion of

  • ASAM criteria means the most current edition of the American Society of Addiction Medicine's published criteria for admission to treatment, continued services, and discharge.

  • Objectives and Strategies means (i) with respect to any Regulated Fund other than a BDC Downstream Fund, its investment objectives and strategies, as described in its most current registration statement on Form N-2, other current filings with the Commission under the Securities Act or under the Securities Exchange Act of 1934, as amended, and its most current report to stockholders, and (ii) with respect to any BDC Downstream Fund, those investment objectives and strategies described in its disclosure documents (including private placement memoranda and reports to equity holders) and organizational documents (including operating agreements).

  • Impact means any effect caused by a proposed activity on the environment including human health and safety, flora, fauna, soil, air, water, climate, landscape and historical monuments or other physical structures or the interaction among these factors; it also includes effects on cultural heritage or socio-economic conditions resulting from alterations to those factors;