Judicial discretion, legal discretion. Y.) Judicial discretion gives courts immense power which is exercised when legislature allows for it. RELATIONSHIP BETWEEN JOB DEMANDS AND PSYCHOLOGICAL OUTCOMES AMONG NURSES: DOES SKILL DISCRETION MATTER? The discretion of a judge is said to be the law of tyrants; it is When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. judicial discretion. See more. The concept of discretion refers to decisions where the law does not dictate a specific outcome, or where the decision-maker is given a choice of options within a statutorily imposed set of boundaries. 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 … In this, unless the defendant would make…, Certain orders made by the courts for the purpose of regulating the practice of members…, The ability and power of a judge to make certain decisions and use the judge's…, The discretion and reasonable personal judgment of the prosecutor whether to bring a case, not…, (A) mistreatment of a person, e.g. optimus judex qui minimum sibi. Treloar v. Bigge,…, Actio depending on the discretion of the judge. https://legal-dictionary.thefreedictionary.com/Discretion, I don't think a full-length recoil spring guide rod is required on a Model 1911, so I'm pleased that the, This Article assesses various sources of bottom-up lower-level innovation by analyzing immigration enforcement discretion--in particular the relationship between case-by-case exercises of, He also argued that those acts fall outside of any, According to the petition, the appointment was pursuant to the, The senator, likewise, urged the BOC to do a systems review and evaluate its existing protocols as well as eliminate certain areas of, They argued that the issuance of a Special Mining Licence was within the, The point of this encounter is the officer exercised "prosecutorial, Dictionary, Encyclopedia and Thesaurus - The Free Dictionary, the webmaster's page for free fun content, Lettin' you down easy: on those occasions when ATC isn't saturated with traffic, controllers can let you hang back and take your sweet time getting up or down. In the best, it is oftentimes Ab. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. aetatem. DISCRETION, crim. n. the power of the judge to make decisions on some matters without being bound by precedent or strict rules established by statutes. liv. Lord Coke defines judicial discretion to be “discernere per legem quid sit justum” to see what would be just according to the laws in the premises. Legal Definition of discretion : 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 … Definition of Police Discretion. What values does the use of discretion menace, and what values does it maintain or ”¨promote? Though judicial discretion allows a judge to fit a sentence to each specific criminal, which may be beneficial, there is a great deal of debate about the use of discretion. Learn more. The question of fact whether the two cases are alike in every color, circumstance, and feature is of necessity to be submitted to the judgment of some tribunal. 3. To be in mercy, signifies to be liable to punishment at the discretion…, Not supported by fair, solid, and substantial cause, and without reason given. It is possible that the law may not apply to you and may have changed from the time a post was made. the offence. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. 247, a; 2 Supp. The law, foreseeing such a case, has provided that the punishment should be proportioned, so as to do justice, and it has left such apportionment to the discretion of the judge. Gather information and establish the facts Before exercising discretion, it is necessary to gather information and establish the facts. 3522, In the best, it is oftentimes caprice; in the worst, it is every vice, folly, and passion, to which human nature is liable. In criminal law and the law of torts, it means the capacity to distinguish between what is right and wrong, lawful or unlawful, wise or foolish, sufficiently to render one amenable and responsible for his acta Towle v. State, 3 Fla. 214. 1 Hale, P. C. 27, 8; 4 True, it is a matter of discretion; but then the discretion is not willful or arbitrary, but legal. Lovinier v. Pearte, 70 N. C. 171. accurately ascertained. evil; between what is lawful and what is unlawful. A working definition of police discretion Discretion means the power and ability to make decisions. law. Some view discretion negatively, while some view it positively. When it is said that something is left to the discretion of a judge, it signifies that he ought to decide according to the rules of equity, and the nature of circumstances. Consequently, if the law confers undefined and broad discretion on any administrative authority, it may be considered ultra vires Article 14, Article 19 andother Constitutional provisions. Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 1988 Ethical Discretion in Lawyering William H. Simon Columbia Law School, wsimon@law.columbia.edu 23. 2. Aph; 1 Day's Cas.. 80, ii. 447. discretion of a judge, it signifies that he ought to decide according to the A contract provides that a party has "absolute discretion". Hale, P. C. 25. At fourteen, children are said to have acquired legal discretion. It may also be challenged on the grounds that the procedure by which it was made was unfair, or on the grounds that it … (B) crim. (A) practice. 13; 2 Inst. to Ves. of innocence, which is raised by an age so tender. The term abuse of discretion is comprehensively defined as follows: "This authority may be said, in a general way, to be the power of the judge to rule and decide as his best judgment and sound discretion dictate; and the term 'judicial discretion' or 'discretion of the court' is usually employed as designating the power mentioned. Definition of. discretion. Code, art. Those in a position of powerare most often able to exercise d… Discretion is 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. It does not mean a wild self-willfulness, which may prompt to any and every act; but this judicial discretion is guided by the law, (see what the law declares upon a certain statement of facts, and then decide in accordance with the law,) so as to do substantial equity and justice. dangerous to the community, induces a young man of weak intellect to commit (2) Control at the stage of the exercise of discretion – In India, unlike the USA, there is no Administrative Procedure Act which provides for judicial review of administrative authority exercising. Giving someone discretion is giving them that freedom. Bac. In Trinity Western University v.The Law Society of British Columbia 2015 BCSC 2326 (“TWU-LSBC“), The Hon. offender, a man of much intelligence and cunning, whose talents render him It is not a substitute for professional legal assistance. The law is also subject to change from time to time and legal statutes and regulations vary between states. All information available on our site is available on an "AS-IS" basis. a larceny in company with himself; they are both liable to be punished for The discretion of a judge is said to be the law of tyrants; it is always unknown; it is different in different men; it is casual, and depends upon constitution, temper, and passion. The law, foreseeing such a case, has provided that the 3. Sole Discretion means with respect to any decision or action (including granting of any consent or approval) the discretion to make or take or fail to take or make any decision or action with or without any reason, taking into account such factors, if any, as the decision maker or action taker determines (including self interest), and any decision or action may be subject to any such conditions or no … The ability to know and distinguish between good and evil; between what is lawful and what is unlawful. 1 2. Discretion: this distinctive Model 1911 combines two major firearms trends in a way that only Dan Wesson can, Bureaucratic administration: experimentation and immigration law, Court partially revives quarry-injury case, SC issues notice to PM on Zulfi appointment, BOC corruption will be eliminated by minimal discretion -- Escudero, Jacob Juma's firm ordered to pay State Sh326 million, Monday classes at Arellano University remain suspended due to chemical spill, I broke the law, but the officer exercised 'prosecutorial discretion', Group against death penalty warns amended Drug Act still has flaws, Discrete-Time Optical Processing of Microwave Signals, Discrete-Time Uniform Theory of Diffraction. assuredly deserves a much more severe punishment than the other. Bl. The essence of Perhaps the definition of "Administrative discretion" is discretion is choice. caprice; in the worst, it is every vice, folly, and passion, to which human A decision that is made by a public authority that has fettered its discretion in this way may be challenged on the grounds that the decision is unlawful. All Rights Reserved, (A) Practice. Under seven years, it seems that no circumstances of Under what conditions and why do we in fact accept or tolerate discretion in a legal ”¨system? Absolute discretion means the right to distribute principal that is not limited or modified in any manner to or for the benefit of one or more beneficiaries of the trust, whether or not the term "absolute" is used. positive evidence of vicious intention; for tenderness of years will not When it is said that something is left to the 3, n. 338; 1 Lill. Add or request a definition by filling out the short form below! & Rawle, 265; 3 Burr. given by Prof. Freund in the following words: The discretion is always coupled with a duty; it cannot be "when we speak of administrative discretion, we mean used to circumvent the obligation cast under the law or that a determination may be reached, in part at least, contract governing the parties. No. Discretion is abused when the judicial action is arbitrary, fanciful, or unreasonable. (B) extreme, excessive and/or wrongful…, In statutory construction, an "absurdity" is not only that which is physically impossible, but also…. What is discretion, or what is the exercise of discretion? Discretion has been called "the Art of suiting the action to particular circumstances" (Lord Scarman). Law Dictionary – Alternative Legal Definition. If there is no concern as to how that freedom is used, then there is little to detain us. © Copyright 1995 - 2015 TheLaw.com LLC. Discretion definition, the power or right to decide or act according to one's own judgment; freedom of judgment or choice: It is entirely within my discretion whether I will go or stay. Coin. Definition of Absolute discretion. Can't find the legal word, term, phrase or abbreviation that you're seeking in our dictionary? The phrase the thin blue line is often associated with the police. The problem of administrative discretion … spousal abuse, child abuse. Advisor: Does Your Firm Have Investment Discretion? There is a species of discretion which is authorized by express law, and, without which, justice cannot be administered; for example, an old offender, a man of much intelligence and cunning, whose talents render him dangerous to the community, induces a young man of weak intellect to commit a larceny in company with himself; they are both liable to be punished for the offence. Trusteeship is a 'fiduciary' role; regardless of the unfettered discretion contained in the trust and any perverse wishes of the settlor/testator, the trustees must act in 'good faith'. always unknown; it is different in different men; it is casual, and depends Find more ways to say discretion, along with related words, antonyms and example phrases at Thesaurus.com, the world's most trusted free thesaurus. All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. Judicial discretion refers to a judge's power to make a decision based on his or her individualized evaluation, guided by the principles of law. Abuse of the discretionary power can be alleged only to reverse a decision and not to allow it. 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 conscience of others. the exercise of discretion such as requiring ationconsult with a range of people or to advertise a proposal and to receive and consider submissions before a decision is made. : 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 Learn More about abuse of discretion Share abuse of discretion Dictionary Entries near abuse of … At fourteen, children are said to have acquired legal discretion. Discretion is the power of officials to act according to the dictates of their own judgment and conscience. 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 so long as the value to each is approximately equal; 3) a district attorney may have discretion to charge a crime as a misdemeanor (maximum term of one year) or felony; 4) a Governor may have discretion to grant a pardon; or 5) a planning commission may use its discretion to grant or not to grant a variance to a zoning ordinance. excuse a maturity in crime, the maxim in these cases being, malitia supplet The age at which children are said to have discretion, is not very accurately ascertained. Jr. 391; Toull. Mortg. The age at which children are said to have discretion, is not very This discretion undoubtedly is to some extent regulated by usage, or, if the term is preferred, by fixed principles. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. Under seven years, it seems that no circumstances of mischievous discretion can be admitted to overthrow the strong presumption of innocence, which is raised by an age so tender. Discretion is the power or right to make official decisions using reason and judgment to choose from among acceptable alternatives. mischievous discretion can be admitted to overthrow the strong presumption DISCRETION, practice. Must we accept discretion or tolerate discretion, and if so, why? This is somewhat vague, but so is the concept of police discretion. These terms are applied to the discretionary action of a judge or court, and mean discretion as above defined, that is, discretion bounded by the rules and principles of law, and not arbitrary, capricious, or unrestrained. When it is said that something is left to the discretion of a… JUDGEA public officer, appointed to preside and to administer the law in a court of… ACTIO ARBITRARIAActio depending on the discretion of the judge. It is a public official’s power to act in certain circumstances according to personal judgment. 2539. Judges v. People, 18 Wend. Discretion has the meaning of acting on one's own authority and judgment. apportionment to the discretion of the judge. 79, 99. facie, destitute of criminal design, but this presumption diminishes as the Discretion Law and Legal Definition. discretion definition: 1. the ability to behave without causing embarrassment or attracting too much attention, especially…. Prosecutorial discretion is when a prosecutor has the power to decide whether or not to charge a person for a crime, and which criminal charges to file. 50, 298; 4 Serg. Antonyms for Discretion of the Court. 1 Hale, P. C. 25. In addition to that, an adjudicator has power to decide whether or not to impose a sanction[ii]. A liberty or privilege allowed to a judge, within the confines of right and justice, but independent of narrow and unbending rules of positive law, to decide and act in accordance with what is fair, equitable, and wholesome, as determined upon the peculiar circumstances of the case, and as discerned by his personal wisdom and experience, guided by the spirit, principles, and analogies of the law. Administrative law judges have discretion to abstain from participating in a legal proceeding due to a conflict of interest of the adjudicator[i]. In law, discretion as to legal rulings, such as whether evidence is excluded at a trial, may be exercised by a judge. Faber v. Bruner, 13 Mo 543. The phrase “fettering discretion” found its way into two important decisions released today. Discretion of the English Courts over the last couple of centuries are silent... 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