Simple English definitions for legal terms
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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.
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.
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.