Definition. A standard of review used by appellate courts to review decisions of lower courts. The appellate court will typically find that the decision was an abuse of discretion if
the discretionary decision was made in plain error
.
What does abuse of discretion mean?
Legal Definition of 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.
What is meant by the abuse of discretionary power?
When a discretionary power is conferred on an authority, the said authority must exercise that power after applying its mind to the fact and circumstances of the case in hand. … (b) That
the authority has not exercised its discretion properly
– “abuse of discretion”.
What do you mean by discretionary power?
(often in the plural: discretionary powers)
a power that a person can use if that person thinks that it is suitable given the situation and circumstances
. “The Administrator shall have the discretionary power to determine all questions arising in connection with the administration of the Plan.”
What are the types of discretionary powers?
Discretionary powers exercised by administrative and legal authorities are
permissive, and not binding
. These powers are granted to these officials by statute or delegation. Discretionary powers do not impose an obligation on a decision-maker to exercise them or to exercise them in a particular manner.
What does discretionary mean in law?
Legal Definition of discretionary
:
left to discretion
: exercised at one’s own discretion specifically : relating to the policy-making function of a public official — see also Federal Tort Claims Act — compare ministerial.
What is an example of discretion?
Discretion is defined as the right of someone to make choices or the quality of someone who is careful about what they do or say. An example of discretion is
the ability of a juror to determine a verdict
. … I leave that to your discretion.
How do you prove abuse of discretion?
- Not allowing a certain witness to testify.
- Showing bias toward the accused.
- Making flawed rulings on evidence that stifle one side’s rights.
- Influencing the jury to reach a certain verdict.
- Sentences that are far too harsh for the offense.
What is the standard for abuse of discretion?
“Abuse of discretion” Standard
Any decision that involves the judge using his or her discretion
(such as whether to admit certain evidence in the trial) comes under this standard. Abuse of discretion occurs when the trial court judge makes a ruling that is arbitrary or absurd.
What is the legal standard of abuse of discretion?
“An abuse of discretion is a plain error,
discretion exercised to an end not justified by the evidence, a judgment that is clearly against the logic and effect of the facts as are found
.” Rabkin v.
Who exercises discretionary powers?
- Judicial Discretion is one of the important powers of the judiciary where the judges can take decisions in some matter without following any fixed rule or established law. …
- Article 136, 139A & 142 of the Indian Constitution defines the discretionary powers which are conferred on the judges of the Supreme Court.
What is discretionary power of president?
The President has discretionary power
when he exercises suspensive veto ie. when he returns a bill (not money bill)
for reconsideration of the parliament.
Can a law be discretionary?
Judicial discretion gives
courts
immense power which is exercised when legislature allows for it. … Judicial discretion is granted to the courts out of recognition of each cases individuality, and as such, decisions should be based on the case’s particular circumstances rather than a rigid application of law.
The federal bureaucracy has discretionary authority
to make decisions on what actions to take—or not take—when implementing laws
. … These powers enhance the power of the federal bureaucracy, giving it considerable jurisdiction over the implementation of government policies.
What are the discretionary powers of a governor?
Discretionary powers
The governor can use these powers: When no party gets a clear majority, the governor has discretion to choose a candidate for chief minister who will put together a majority coalition as soon as possible. They can impose president’s rule.
What is discretionary spending?
Discretionary expenses are often defined as
nonessential spending
. This means a business or household is still able to maintain itself even if all discretionary consumer spending stops. Meals at restaurants and entertainment costs are examples of discretionary expenses.
