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LSDefine

Simple English definitions for legal terms

abuse of discretion

Read a random definition: hundredpenny

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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HopefullyInLawSchool
16:03
@UnderRepresentedTryhard: Yes only for YM applicants tho
RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
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