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LSDefine

Simple English definitions for legal terms

abuse of discretion

Read a random definition: contract implied in law

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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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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