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LSDefine

Simple English definitions for legal terms

discretion

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A quick definition of discretion:

Discretion is when someone in a position of power, like a judge or a police officer, can make decisions based on what they think is right or wrong. They have to follow the rules, but they can use their own judgment to decide how to apply them. For example, a judge might decide how much money someone has to pay as a fine. But if they make a decision that doesn't make sense, someone can ask a higher court to review it and make sure it was fair.

A more thorough explanation:

Discretion is the power given to judges, public officials, or private parties to make decisions based on their own judgment and conscience within general legal principles. It is the ability to judge between right and wrong, which is enough to hold one responsible for their own actions in criminal and tort law.

For instance, a judge may have discretion over the amount of a fine, and a prosecutor may have discretion when prosecuting a criminal case. However, discretion is considered to be abused when the judicial action is arbitrary, fanciful, or unreasonable.

If a plaintiff or defendant believes that the trial court judge has abused their discretion, they can appeal the case. The appellate judge's job is to review whether the trial court judge has acted properly and correctly applied the law. If reasonable people could differ as to the propriety of the action taken by the trial court, then it cannot be said that the trial court abused its discretion.

  • A judge may have discretion over the sentence given to a convicted criminal. For example, they may choose to give a shorter sentence if the defendant has shown remorse and is unlikely to reoffend.
  • A prosecutor may have discretion over whether to charge someone with a crime or not. For example, they may choose not to charge a first-time offender with a minor offense if they believe that a warning or community service would be more appropriate.

These examples illustrate how discretion allows judges and prosecutors to make decisions based on their own judgment and conscience within general legal principles. However, they must ensure that their decisions are not arbitrary, fanciful, or unreasonable.

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Any advice? lol
[] baddestbunny
12:25
what’s a good scholarship for you? what would make BC or Fordham worth it?
12:25
Hmmmm let me think
[] baddestbunny
12:25
fordham’s max aid they give is 45k per year
Bunny I can possibly get a 75%+ scholarship from villanova or temple, and I'd be moving back in with my parents if I went there so I'd have near-zero COL. It'd be really hard to beat that
I would prefer BC over Fordham just because I like boston more, but I'm expecting a WL there tbh
I would maybe consider BC with $ but I don't know how to decide if a better biglaw chance is worth the COL + higher tuition
12:50
How do I know if my status checkers are properly linked
12:59
@ChowieBean: right now, Michigan, but there are several that come close. How about you?
13:05
@Law01: I haven't gotten the status checkers to work at all. When I sent an email to the LSData folks the other week, they said they were working on fixing them
13:10
but I think "Last Checked" would change from "Never" to something else
13:30
@HowlEngineer: I'll get more specific once I get my LSAT score, but NYU, Berk, GTown, UCLA
13:30
Anywhere that's top for PI
14:54
What do people typically write in the 'Optional Statement' for Georgetown
15:25
Yale application is wayyy too much work
15:28
So many apps want 'post-college activities' time to get a fuckin job
15:55
hey guys what happens if we dont have any honors or achievements oof, just don't include a section for it on the resume?
[] baddestbunny
16:01
They make the Yale app a lot of work to filter out the people who don’t really want it like that
16:25
@ChowieBean: i made a silly video for my optional statement :3
letsseehowitgoesnow
16:43
@ChowieBean: I wrote a DS and top 10 list lol
[] baddestbunny
18:35
my cat is cooing like a little pigeon. does anyone have thoughts on this?
10/10 cute
3.79/148 chance me at Yale
18:56
guaranteed admission
I figured I hope I don’t get yield protected
19:08
Thank you guys
Nostradumbass
19:56
148
Nostradumbass
19:56
Is actually impressive
[] baddestbunny
20:02
[deleted by baddestbunny]
[] baddestbunny
20:11
actually nvm everyone has their own reasons not my place
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