should or could test

should or could test
The two types of questions presented to a court upon review of an administrative determination: (1) questions relating to whether the particular type of act could be done by the particular type of agency in the manner in which it was done-that is, does the law permit the act which was done; and (2) questions relating to whether the act should have been done-that is, questions whether the conclusions of the agency were correct, whether its act was proper or justified, and whether the facts or evidence warrant it. 2 Am J2d Admin L § 611.

Ballentine's law dictionary. . 1998.

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