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Simple English definitions for legal terms

abuse of discretion

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A quick definition of abuse of discretion:

Abuse of discretion is when a higher court thinks a lower court made a mistake in a decision that was based on their own judgment. This happens in both criminal and civil cases. If someone disagrees with the decision, they can ask a higher court to review it. The higher court will use the abuse of discretion standard to decide if the lower court made a mistake. This standard is also used in administrative law when reviewing decisions made by government agencies. The Supreme Court has said that this standard is the right way to review decisions about whether to allow expert testimony and whether to issue a subpoena.

A more thorough explanation:

Abuse of discretion is a term used in the legal system to describe a situation where a judge or other decision-maker has made a decision that is so unreasonable or arbitrary that it goes beyond the bounds of what is considered acceptable. This term is often used in appeals cases, where a higher court is reviewing the decision of a lower court.

One example of abuse of discretion might be a judge who imposes an excessively harsh sentence on a defendant, without any clear justification for doing so. Another example might be a judge who refuses to allow important evidence to be presented in a trial, even though it is clearly relevant and admissible.

In a recent case, the Supreme Court used the abuse of discretion standard to review an administrative court's decision to issue a subpoena. The court found that the decision was not arbitrary or capricious, and therefore did not constitute an abuse of discretion.

The examples illustrate how abuse of discretion can occur in both criminal and civil cases, as well as in administrative law. In each case, the decision-maker has acted in a way that is unreasonable or unjustified, and has gone beyond the bounds of what is considered acceptable. This can lead to a miscarriage of justice, and is therefore an important issue for the legal system to address.

abuse excuse | abuse of process

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babycat
19:29
@milktoast: what types of books do you read?
babycat
19:31
I am reading a book on mysticism
Dkk
19:33
You wouldn't like them lol. Mainly business plans. But maybe one day.
Dkk
19:34
Psshh what book on mysticism. Is this like a catch all different politcal theories crash course book on mysticism or is this like a fun happy spiritual book?
2big2fail
19:36
@babycat: read some meister eckhart
Dkk
19:36
Not my type of mysticism but I guess that can be fun to read.
Dkk
19:37
"to see what is there and stand with what is there ecstatically." impossible.
1a2b3c4d26z
19:37
5 books or so
1a2b3c4d26z
19:37
I'm the reading the Odyssey rn :)
concorde
19:38
17th c is always unintentionally funny
@1a2b3c4d26z: much better than the Iliad
1a2b3c4d26z
19:40
Sweet now I don't have to read that piece of crap
babycat
19:40
@2big2fail: will check out ty!
Dkk
19:41
@concorde: that one looks cool
babycat
19:41
I need to read st Augustine’s confessions
concorde
19:41
Confessions is goaty
2big2fail
19:42
confessions is entry level
@babycat: have you read Carson’s Eros the bittersweet
Dkk
19:42
Maybe @babycat
2big2fail
19:42
read the zohar lol
Dkk
19:42
Confessions is vital to understanding the evolution of love in philosophy.
1a2b3c4d26z
19:42
who was I yappin about serotonin with
concorde
19:42
Serotonin so good
1a2b3c4d26z
19:42
top 5 of all time and it aint 4
babycat
19:43
We sharing Goodreads on here?
1a2b3c4d26z
19:43
jurassic park unironically good
1a2b3c4d26z
19:43
crime and punishment top 1
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