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Denke v. Shoemaker, 2008 MT 418 (2008)

Citation
Denke v. Shoemaker, 2008 MT 418 (2008)
Parent Document
Denke v. Shoemaker, 2008 MT 418 (2008)
Jurisdiction
Montana (state)
Effective Date
2008-12-16
Original Source
https://www.courtlistener.com/opinion/888205/denke-v-shoemaker/ ↗

Other Sections in This Document (1000)

Full Text

536 chars 
¶94 Under Bechard v. Rappold, 287 F.3d 827, 829 (9th Cir. 2002), a court should consider two questions when determining whether an act is legislative. First, a court must determine whether the act involves ad hoc decision making or the formulation of policy; and second, whether the act applies to a few individuals or to the public at large. Bechard, 287 F.3d at 829. A court also should consider whether the act was formally legislative and whether the act bears all the hallmarks of traditional legislation. Bechard, 287 F.3d at 829.