equitable discretion

См. также в других словарях:

• 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 — When applied to public functionaries, discretion means a power or right conferred upon them by law of acting officially in certain circumstances, according to the dictates of their own judgment and conscience, uncontrolled by the judgment or… …   Black's law dictionary

• discretion — When applied to public functionaries, discretion means a power or right conferred upon them by law of acting officially in certain circumstances, according to the dictates of their own judgment and conscience, uncontrolled by the judgment or… …   Black's law dictionary

• Equitable remedy — In law, equitable remedies are the remedies developed and granted by the old courts of equity, such as the Court of Chancery in England, and still available today in common law jurisdictions. [See generally, Meagher and Gummow, Equity, Doctrines… …   Wikipedia

• discretion — The equitable decision of what is just and proper under the circumstances; the liberty or power of acting without other control than one s own judgment. The S.S. Styria v Morgan, 186 US 1, 9, 46 L Ed 1027, 1033, 22 S Ct 731. The power or right… …   Ballentine's law dictionary

• equitable assignment — An order, writing, or act by the assignor which makes an absolute appropriation of a chose in action or fund to the use of the assignee with the intent of transferring a present interest, but not amounting to a legal assignment. An executory… …   Ballentine'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

• judicial discretion — Term is a broad and elastic one which is equated with sound judgment of court to be exercised according to rules of law. People v. Russel, 70 Cal.Rptr. 210, 215, 448 P.2d 794. The option the trial judge has in doing or not doing a thing that… …   Black's law dictionary

• judicial discretion — Term is a broad and elastic one which is equated with sound judgment of court to be exercised according to rules of law. People v. Russel, 70 Cal.Rptr. 210, 215, 448 P.2d 794. The option the trial judge has in doing or not doing a thing that… …   Black's law dictionary

• Day v. McDonough — Supreme Court of the United States Argued February 27, 2006 Decided April 25, 2006 …   Wikipedia

• EBay Inc. v. MercExchange, L.L.C. — SCOTUSCase Litigants=eBay v. MercExchange ArgueDate=March 29 ArgueYear=2006 DecideDate=May 15 DecideYear=2006 FullName=eBay Inc. and Half.com, v. MercExchange, L.L.C. USVol=547 USPage=388 Citation=126 S. Ct. 1837; 164 L. Ed. 2d 641; 2006 U.S.… …   Wikipedia