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dis·cre·tion /dis-'kre-shən/ n: power of free decision or latitude of choice within certain bounds imposed by lawreached the age of discretionstruck down death penalty provisions administered through unbridled jury discretion — L. H. Tribe: asa: the power of a judge to use his or her own judgment in making decisions guided by what is fair and equitable and by principles of law see also abuse of discretionb: the power of a public official or employee to act and make decisions based on his or her own judgment or conscience within the bounds of reason and the law
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
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I
(power of choice) noun
analysis, appraisal, assessment, choice, consideration, contemplation, decision, designation, determination, discrimination, distinction, election, evaluation, examination, free decision, free will, freedom of choice, liberty of choosing, liberty of judgment, license, option, optionality, permission, pick, power of choosing, review, right of choice, sanction, selection, self-determination, suffrage, suo arbitrio, volition, will
associated concepts: absolute discretion, abuse of discretion, administrative discretion, arbitrariness, capriciousness, certiorari, judicial discretion, legal discretion, mandemus, prohibition, unreasonableness
foreign phrases:
- Optima est lex quae minimum relinquit arbitrio judicis; optimas judex qui minimum sibi. — That is the best system of law which leaves the least to the discretion of the judge, that judge is the best who leaves the least to his own discretion- Optimam esse legem, quae minimum relinquit arbitrio judicis; Id quod certitudo ejus praestat — That law is the best which leaves the least discretion to the judge; this is an advantage which results from its certainty- Optimus judex, qui minimum sibi. — He is the best judge who leaves the least to his own discretion.- Quam longum debet esse rationablle tempus non deflnltur in lege, sed pendet ex discretione justiclarlorum. — How long a reasonable time ought to be is not defined by law, but is left to the discretion of the judges- Quam rationabilis debet esse finis, non definitur, sed omnibus circum stantiis inspects pendet ex justiclariorum discretione. — What a reasonable fine ought to be is not defined, but is left to the discretion of the judges, all the circumstances being consideredII (quality of being discreet) noun ability to get along with others, acuteness, aesthetic judgment, appreciation, appreciativeness, art of negotiating, artful management, artfulness, artistic judgment, attention, care, carefulness, caution, cautiousness, chariness, circumspection, circumspectness, cleverness, competence, concern, considerateness, consideration, craft, deftness, deliberation, delicacy, diplomacy, discernment, discreetness, discriminating taste, discrimination, discriminatory powers, distinction, expertness, facility, finesse, good sense, guardedness, heed, needfulness, insight, intuition, iudicium, judiciousness, mature responsibility, maturity, mindfulness, nicety, particularness, perception, perspicacity, polish, precaution, presence of mind, providence, prudence, prudentia, qualification, quick judgment, refined discrimination, refinement, regard fulness, resourcefulness, safeguard, sagacity, sagesse, savoir faire, sensitiveness, sensitivity, sharpness, shrewd diagnosis, shrewdness, skill, sound judgment, sound reasoning, statesmanship, strategy, subtlety, sympathetic perception, tact, tactfulness, taste, technique, thoughtfulness, wariness, watchfulness, wisdom associated concepts: absolute discretion, abuse of discretion, administrative discretion, discretion to set aside a judgment, improper exercise of discretion, judicial discretion, prosecutorial discretion, sound discretion foreign phrases:- Dlscretio est scire per legem quid sit fustum. — Discretion consists in knowing through the law what is justIII index alternative (option), call (option), choice (alternatives offered), diagnosis, discrimination (good judgment), franchise (right to vote), latitude, option (choice), preference (choice), prudence, reason (sound judgment), referendum, volition
Burton's Legal Thesaurus. William C. Burton. 2006
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n.(1) Independent judgment; freedom and authority to decide how to act; the power given to public officials to act independently in fulfilling their duties.(2) The ability to recognize the difference between right and wrong.(3) Prudence; cautiousness; circumspection.adj.discreet See also abuse of discretion
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
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The power of a judge, public official, or private party to make decisions based on his or her opinion within general legal guidelines. Discretion is often granted under a contract, trust, or will. Examples:1) A judge may have discretion as to the amount of a fine or whether to grant a continuance of a trial.2) A trustee or executor of an estate may have discretion to divide assets among the beneficiaries.3) A district attorney may have discretion to charge a crime as a misdemeanor or felony.4) A governor may have discretion to grant a pardon.5) A planning commission may use its discretion when deciding whether or not to grant a variance to a zoning ordinance.Category: Bankruptcy, Foreclosure & DebtCategory: Small Claims Court & Lawsuits
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
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n. The freedom of choice and of action of a judge, prosecutor, or other public official, within the defined scope of his or her responsibilities. For example, in a criminal matter a judge may have wide discretion to release the defendant on recognizance or to demand bail in any amount, based on the judge's view of the defendant as a flight risk.
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
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n.the power of a judge, public official or a private party (under authority given by contract, trust or will) to make decisions on various matters based on his/her opinion within general legal guidelines. Examples: a) a judge may have discretion as to the amount of a fine or whether to grant a continuance of a trial; b) a trustee or executor of an estate may have discretion to divide assets among the beneficiaries so long as the value to each is approximately equal; c) a District Attorney may have discretion to charge a crime as a misdemeanor (maximum term of one year) or felony; d) a Governor may have discretion to grant a pardon; or e) a planning commission may use its discretion to grant or not to grant a variance to a zoning ordinance.
Law dictionary. EdwART. 2013.
