abuse of discretion

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 Dictionary of Law. . 1996.

abuse of discretion
n.
A decision or judgment made by a trial court that is inappropriate, inconsistent with the facts of the matter, and not according to precedent or established law.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


abuse of discretion
A standard of reviewing a lower court's or other decision maker's judgment. To overturn a decision for abuse of discretion, the appellate court must find that the decision was wholly unsupported by the evidence, illegal, or clearly incorrect.
Category: Criminal Law
Category: Representing Yourself in Court
Category: Small Claims Court & Lawsuits
Category: Working With a Lawyer

Nolo’s Plain-English Law Dictionary. . 2009.


abuse of discretion
A failure to take into proper consideration the facts and law relating to a particular matter; an arbitrary or unreasonable departure from precedent and settled judicial custom.

Dictionary from West's Encyclopedia of American Law. 2005.


abuse of discretion
A failure to take into proper consideration the facts and law relating to a particular matter; an arbitrary or unreasonable departure from precedent and settled judicial custom.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

abuse of discretion
n.
   a polite way of saying a trial judge has made such a bad mistake ("clearly against reason and evidence" or against established law) during a trial or on ruling on a motion that a person did not get a fair trial. A court of appeals will use a finding of this abuse as a reason to reverse the trial court judgment. Examples of "abuse of discretion" or judges' mistakes include not allowing an important witness to testify, making improper comments that might influence a jury, showing bias, or making rulings on evidence that deny a person a chance to tell his or her side of the matter. This does not mean a trial or the judge has to be perfect, but it does mean that the judge's actions were so far out of bounds that someone truly did not get a fair trial. Sometimes the appeals courts admit the judge was wrong, but not wrong enough to have influenced the outcome of the trial, often to the annoyance of the losing party. In criminal cases abuse of discretion can include sentences that are grossly too harsh. In a divorce action, it includes awarding alimony way beyond the established formula or the spouse's or life partner's realistic ability to pay.

Law dictionary. . 2013.

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Look at other dictionaries:

  • 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 — 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

  • 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

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