Abuse Of Discretion
ABUSE OF DISCRETION - When a court does not apply the correct law or if it rests its decision on a clearly erroneous finding of a material fact. U.S. v. Rahm, 993 F.2d 1405, 1410 (9th Cir.'93). A court may also abuse its discretion when the record contains no evidence to support its decision. MGIC v. Moore, 952 F.2d 1120, 1122 (9th Cir.'91)
When judges make decisions on various questions, they must, of course, follow the standards set out by law. These standards, though, often allow judges a lot of leeway (which is called discretion). Judges are given this discretion so they can make decisions that are fair in a particular case, instead of being locked into a formula that may not suit every situation.
The exercise of judicial discretion is difficult to attack on appeal, because the decision, by law, was left to the judge in the first place. Nevertheless, judicial discretion must be exercised fairly and impartially, and a showing to the contrary may result in the ruling being reversed as an abuse of discretion.
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English-Chinese law dictionary (法律英汉双解大词典). 2013.
Look at other dictionaries:
abuse of discretion — abuse of discretion: an error of judgment by a trial court in making a ruling that is clearly unreasonable, erroneous, or arbitrary and not justified by the facts or the law applicable in the case compare clearly erroneous Merriam Webster’s… … Law dictionary
abuse of discretion — is synonymous with a failure to exercise a sound, reasonable, and legal discretion. It is a strict legal term indicating that appellate court is of opinion that there was commission of an error of law by the trial court. It does not imply… … Black's law dictionary
abuse of discretion — Decision by whim or caprice, arbitrarily, or from a bad motive which amounts practically to a denial of justice as a clearly erroneous conclusion, one that is clearly against logic and effect of the facts presented. 5 Am J2d A & E § 774. Abuse of … Ballentine's law dictionary
abuse of discretion — noun a) The rendering of a decision by a court that is so unreasonable in light of the facts of the case or is such an unreasonable deviation from legal precedent that it must be reversed. b) Any action by a government official by which that… … Wiktionary
palpable abuse of discretion — A clear, plain, or manifest abuse of discretion. 5 Am J2d A & E § 774 … Ballentine's law dictionary
gross abuse of discretion — An arbitrary, unreasonable, individualistic, unjust, and unconscionable act or decision. 5 Am J2d A & E § 774 … Ballentine's law dictionary
discretion — dis·cre·tion /dis kre shən/ n: power of free decision or latitude of choice within certain bounds imposed by law reached the age of discretion struck down death penalty provisions administered through unbridled jury discretion L. H. Tribe: as a:… … Law dictionary
Discretion — Discretion, Tacuinum Sanitatis casanatensis (XIV secolo) Discretion is a noun in the English language with several meanings revolving around the judgment of the person exercising the characteristic … Wikipedia
abuse — 1 /ə byüz/ vt abused, abus·ing 1: to put to a use other than the one intended: as a: to put to a bad or unfair use abusing the powers of office b: to put to improper or excessive use abuse narcotics … Law dictionary
Abuse — This article is about the mistreatment of people or systems. For other uses, see Abuse (disambiguation). Mistreat redirects here. For other uses, see Mistreat (disambiguation). Contents 1 Types and contexts of abuse 1.1 … Wikipedia
abuse — /abyiiws/ 1. noun Everything which is contrary to good order established by usage. Departure from reasonable use; immoderate or improper use. Physical or mental maltreatment. Misuse. Deception. To wrong in speech, reproach coarsely, disparage,… … Black's law dictionary