abuse of judicial discretion

См. также в других словарях:

• 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

• 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

• 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

• 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

• 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… …   Law dictionary

• 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

• Judicial review in English Law — Judicial review is a procedure in English administrative law by which the courts supervise the exercise of public power on the application of an individual. A person who feels that an exercise of such power by a government authority, such as a… …   Wikipedia

• Judicial review — is the power of the courts to annul the acts of the executive and/or the legislative power where it finds them incompatible with a higher norm. Judicial review is an example of the functioning of separation of powers in a modern governmental… …   Wikipedia

• 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