Nebraska Statutes 79-291. Judicial review; conducted without a jury; grounds for judicial action
(1) The review under sections 79-288 to 79-292 shall be conducted by the court without a jury on the record.
Terms Used In Nebraska Statutes 79-291
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- School: means a school under the jurisdiction of a school board authorized by Chapter 79. See Nebraska Statutes 79-101
(2) The court may affirm the decision of the school board or board of education, remand the case for further proceedings, or reverse or modify the decision if the substantial rights of the petitioner may have been prejudiced because the board’s decision is:
(a) In violation of constitutional provisions;
(b) In excess of the statutory authority or jurisdiction of the board;
(c) Made upon unlawful procedure;
(d) Affected by other error of law;
(e) Unsupported by competent, material, and substantial evidence in view of the entire record as made on review; or
(f) Arbitrary or capricious.
Source
- Laws 1976, LB 503, § 35;
- Laws 1994, LB 1250, § 41;
- R.S.1943, (1994), § 79-4,204;
- Laws 1996, LB 900, § 95.