judicial discretion

judicial discretion
judicial discretion n: discretion(a)

Merriam-Webster’s Dictionary of Law. . 1996.

judicial discretion
A judge's power to make decisions based on fairness or a weighing of the facts and circumstances, particularly in cases where a party requesting relief or a benefit has no automatic or clearcut legal right to it.
Category: Small Claims Court & Lawsuits

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

judicial discretion
n. Of matters left within the personal choice of a judge, not to be reviewed or overruled by a higher court.

Webster's New World Law Dictionary. . 2000.

judicial discretion
   the power of the judge to make decisions on some matters without being bound by precedent or strict rules established by statutes. On appeal a higher court will usually accept and confirm decisions of trial judges when exercising permitted discretion, unless capricious, showing a pattern of bias, or exercising discretion beyond his/her authority.

Law dictionary. . 2013.

Look at other dictionaries:

  • Judicial discretion — is the inherent power of the judiciary to make legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an important aspect of judicial independence. Where… …   Wikipedia

  • judicial discretion — A discretion to be exercised judicially rather than arbitrarily. A discretion founded upon the facts and circumstances presented to the court, from which it must draw a conclusion governed by the law. People v Rosner, 78 Cal App 497, 248 P 683.… …   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 — judge s assessment, freedom of decision by a judge …   English contemporary dictionary

  • judicial discretion — noun : the choice among possible decisions exercised by a judge according to the principles of justice and equity in the absence of a specific rule of law governing the case …   Useful english dictionary

  • exercise of judicial discretion — See judicial discretion …   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

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