Definition of judicial discretion in the legal dictionary - by free online english dictionary and encyclopedia what is judicial discretion. Definition of discretion in the legal dictionary - by free online english dictionary and encyclopedia what is discretion meaning of discretion as a legal term.
Discretion in decision making can be viewed from the perspective of the flexibility and choices granted to facing judicial discretion: legal knowledge and right. Start studying chapter 11 police discretion learn vocabulary, terms, and more with flashcards, games, and other study tools. Legal studies essay based on the syllabus question explain the role of discretion in the criminal justice system.
Definition of discretion: a liberty or privilege allowed to a judge, within the confines of right and justice, but independent of narrow and unbending rules of positive law, to decide and act in accordance with what is fair, equitable, and wholesome, as determined upon the peculiar circumstances of the case, and as discerned by his personal. Definitiona standard of review used by appellate courts to review decisions of lower courts a judgment will be termed an abuse of discretion if the adjudicator has failed to exercise sound, reasonable, and legal decision-making skills. A fresh look at agency discretion john m rogers university of kentucky college of law whether holding a lottery is a proper legal basis for choice.
Judicial discretion n the power of the judge to make decisions on some matters without being bound by precedent or strict rules established by statutes. Discretion definition is — individual choice or judgment power of free decision or latitude of choice within certain legal bounds individual choice or judgment. I definitions a generally and matters of discretion the standard of review turns on whether factual matters or legal matters predominate. Marketing legal review engagement tools for teamwork drafting tip from the supremes: specify whether the duty of good sole discretion with language such as.
In the legal system, discretion is often defined as the ability of a judge to choose where, how and with what severity to sentence a person who has been convicted. Prosecutorial discretion refers to the fact that under american law, government prosecuting attorneys have nearly absolute powers a prosecuting attorney has power on various matters including those. Within legal doctrine, legal positivism would be opposed to sociological jurisprudence and hermeneutics of law the discretion thesis is vulnerable to one. Ordering the child’s legal guardian to arrange the frequency and duration of visits amounts to an abuse of discretion in california – welfare and institutions code section 36626.
Discretion is defined as the power or discretion in criminal justice systems procedural law establishes the methods used to enforce legal rights and. The legal definition of abuse of discretion is a decision of a judicial body based on an erroneous finding of fact or conclusion of law, or an improper application of law to fact. Abuse of judicial discretion jon roland which enabled them to learn what the legal issues were along with the judge, that is, the presiding magistrate.
How to use discretion in a sentence example sentences with the word discretion discretion example sentences. Discretion can be exercised to grant legal aid to an applicant when the means test provides that legal aid is only available in exceptional circumstances. Judicial review in english law in its discretion the court will quash a decision where the authority has misunderstood a legal term or incorrectly. For adjustment case types that involve discretion, the exercise of favorable discretion and the approval of an adjustment application is a matter of administrative grace – meaning the application is worthy of favorable consideration .
Legal definition and related resources of discretion meaning of discretion in practice the equitable decision of what is just and proper under the circumstances the power of a judge, in certain matters, to decide in accordance with his own . Exercise of discretion in administrative decision-making serving parliament - serving western australians revised oct 2009 what is the exercise of discretion. The legal definition of prosecutorial discretion is discretionary powers exercised by the government's prosecution service such as whether to prosecute charge recommended by police, to stay an ongoing proceeding, plea bargaining, or the taking over of a private prosecution.Download