Topic: a trial court has no 'discretion' in determining what the l… · Go Syfert
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Topic #601

14 canonical passages across 10 cases, quoted by 358 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Walker v. Packer.

#Case FlagCanonical passage Citers
1 Walker v. Packer Anchor
tex · 1992
green “a trial court has no 'discretion' in determining what the law is or applying the law to the facts.” 85
2 Walker v. Packer
tex · 1992
green “a clear failure by the trial court to analyze or apply the law correctly will constitute an abuse of discretion.” 83
3 Bowie Memorial Hospital v. Wright
tex · 2002
green “a trial court abuses its discretion if it acts in an arbitrary or unreasonable manner without reference to any guiding rules or principles.” 45
4 American Transitional Care Centers of Texas, Inc. v. Palacios
tex · 2001
green “does not have to meet the same requirements as the evidence offered in a summary-judgment proceeding or at trial.” 43
5 American Transitional Care Centers of Texas, Inc. v. Palacios
tex · 2001
green “discuss the standard of care, breach, and causation with sufficient specificity to inform the defendant of the conduct the plaintiff has called into question and to provide a basis for the trial court to conclude that the claims have merit.” 34
6 Blan v. Ali
texapp · 1999
green “there are certain standards of medical care that apply to multiple schools of practice and any medical doctor.” 12
7 Ehrlich v. Miles
texapp · 2004
green “knowledge, skill, experience, training, or education regarding the specific issue before the court which would qualify the expert to give an opinion on that particular subject.” 11
8 Moore v. Sutherland
texapp · 2003
green “an abuse of discretion occurs when a trial court acts in an arbitrary or unreasonable manner or without reference to any guiding principles.” 10
9 Roberts v. Williamson
tex · 2003
green “if scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opini…” 8
10 In Re Texas Department of Family & Protective Services
tex · 2006
green “mandamus will not issue when the law provides another, plain, adequate, and complete remedy.” 7
11 Ehrlich v. Miles
texapp · 2004
green “who is not of the same school of medicine as the defendant . . . is competent to testify if he has practical knowledge of what is usually and customarily done by a practitioner under circumstances similar to those confronting the defendant.” 7
12 S.J. v. State
texapp · 2014
green “taking or keeping of a person in custody by legal authority, esp. in response to a criminal charge,” 6
13 S.J. v. State
texapp · 2014
green “the traditional and primary purpose of the expunction statute is to remove records of wrongful arrests.” 4
14 Moore v. Gatica
texapp · 2008
green “authored by a person who is not qualified to testify . . . cannot constitute an adequate report.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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