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LSDefine

Simple English definitions for legal terms

discretion

Read a random definition: pro derelicto

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.

discovery | discretionary

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THATS SO FUNNY
i cant i would go crazy
JumpySubsequentDolphin
20:50
i need to know who decided to do that.
JumpySubsequentDolphin
20:50
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the devil
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20:50
yo splitterus are you in school already
20:50
it says ur c/o 2027
JumpySubsequentDolphin
20:51
@SplitterusClitterus: HAHAH yes
ur user is hilarioussss and no i just graduated this may and am now applying ---also im out of messages so ill take a lil
20:52
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im back, r u applying this cycle too
JumpySubsequentDolphin
21:32
this child fell asleep on me
JumpySubsequentDolphin
21:32
im so uncomfortable
just push him off the entire seat
JumpySubsequentDolphin
21:34
LMAOOOO
JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
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22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
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JumpySubsequentDolphin
22:39
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JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
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