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Abuse of discretion [ edit ] Where a lower court has made a discretionary ruling (such as whether to allow a party claiming a hardship to file a brief after the deadline), that decision will be reviewed for abuse of discretion .
The failure to exercise reasonable judgment or discretion is abuse of discretion. [4] "I think that in our system of government, where law ends, tyranny need not begin. Where law ends, discretion begins, and the exercise of discretion may mean either beneficence or tyranny, either justice or injustice, either reasonableness or arbitrariness."
In cases where a judge rather than a jury decided issues of fact, an appellate court will apply an "abuse of discretion" standard of review. Under this standard, the appellate court gives deference to the lower court's view of the evidence, and reverses its decision only if it were a clear abuse of discretion.
Discretion has the meaning of acting on one's own authority and judgment. In law, discretion as to legal rulings, such as whether evidence is excluded at a trial, may be exercised by a judge. The ability to make decisions which represent a responsible choice and for which an understanding of what is lawful, right or wise may be presupposed. [1]
The biased use of enforcement discretion, such as that based on racial prejudice or corruption, is usually considered a legal abuse and a threat to the rule of law. This concept is closely related to prosecutorial discretion .
Corruption, the abuse of entrusted power for private gain as defined by Transparency International, [105] is systemic in the health sector. The characteristics of health systems with their concentrated supply of a service, high discretionary power of its members controlling the supply, and low accountability to others are the exact ...
The 1976 National Emergencies Act gives the president broad discretion to declare a national emergency. ... accomplishing them through emergency powers is an abuse of presidential authority ...
Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence. Where appropriate, judicial discretion allows a judge to decide a legal case or matter within a range of ...