Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

abuse of discretion

Read a random definition: closed trial

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

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
10:30
jack my friend literally does that lol
jackfrost11770
10:30
I need the shit they had in that snow movie w Chris Evan's idc what it's made of
10:30
he drinks nutrient water and puts unflavored nutrient powders in plain water
texaslawhopefully
10:31
Good food is like one of the best parts of life
cumsock
10:31
tex give it a chance
jackfrost11770
10:31
I mean he's gonna die at like 25
jackfrost11770
10:31
I wish I could do that without consequence
texaslawhopefully
10:31
@cumsock: I have, it’s awful. The fish doesn’t even taste like fish man 😭
10:31
yeah his waist is snatched from doing that fr
JumpySubsequentDolphin
10:31
the windchill is almost -20 omfg
JumpySubsequentDolphin
10:31
BRRRRRR
@jackfrost11770: I am the same, I got a boo boo to my gallbladder so I get sick majority of the time I eat.
suddy
10:33
Soylent-maxxing
cumsock
10:33
@texaslawhopefully: do u like white fish normally i think its pollock
lilypadfrog
10:33
disordered eating will literally ruin your life and make you want to kill yourself. eating is good for you and being able to find pleasure in eating is an important part of having a fulfilling life I think
cleaning up my diet and paying more attention to what i put in my body has done wonders
texaslawhopefully
10:35
@cumsock: only really tilapia, but I prefer salmon
10:35
im with u jack, eating is a pain.
10:35
i love eating, too much
10:35
food is yummy
GreyCeaselessMammoth
10:35
I'm with curvy on this, it literally changed my life
suddy
10:36
Food is the primary joy in life
shaquilleoatmeal
10:36
i probs go over board w health, do a vitamin deficiency and nutrient level test quarterly
shaquilleoatmeal
10:36
which i highly recommend because youll know what to feed your body better
10:36
@shaquilleoatmeal: was anything surprising when u first had it done? ie way out of line?
Reading an intelligence brief I just learned of a terror group that goes by MILF the Moro Islamic Liberation Front.
JumpySubsequentDolphin
10:38
I’m severely vitamin d deficient
JumpySubsequentDolphin
10:38
I’m also anemic but I don’t take my iron bc it hurts my stomach
When in southeast Asia be careful of a MILF attack lmfao
GreyCeaselessMammoth
10:38
jumpy how are you vitamin d deficient? just go outside
LSD+ is ad-free, with DMs, discounts, case briefs & more.