That is a deferential standard that does not permit appellate judges to reach their own conclusions on how the law of search and seizure applies to the facts of a case.

The Seventh Circuit, applying a deferential standard of review, agreed.

Making a factual conclusion of any kind is inextricably linked with assigning weight to evidence, and thus attracts a deferential standard of review.

If the justices' answer is yes, the court might simply send the case back to the Ninth Circuit for reconsideration under a more deferential standard of review.

Mr. Clement said the California policy would fail even a deferential standard of review if that standard were properly applied, but he tried to keep the justices focused on the strict-scrutiny argument.

Under this more deferential standard, Microsoft's conduct did not violate the Sherman Act.

In reviewing factual determinations of a trial court, a federal appellate court applies a deferential standard of review, under which the trial court's findings will be set aside only for "clear error."

But applying the deferential standard of review, he said, "I certainly cannot say that the court's inference from the facts was impermissible."

Courts should limit themselves to deciding whether a government economic regulation has a rational basis, a much more deferential standard, the state argued.

The first and most deferential standard, the business judgment rule, has become virtually a rubber-stamp in Delaware corporate law for corporate boards to meet their duty of care.