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LSDefine
Simple English definitions for legal terms
discretion, abuse of
Read a random definition: judgment file
A quick definition of discretion, abuse of:
Term: Discretion, Abuse of
Definition: When someone in charge of making decisions doesn't make a good, fair, or legal choice, it's called an abuse of discretion. This can happen when someone has the power to choose what happens in a situation, but they don't use that power in the right way. If this happens, a higher court can review the decision to see if it was really bad or unfair.
A more thorough explanation:
Definition: When someone in a position of power makes a decision that is not reasonable, legal, or supported by evidence, it is called an abuse of discretion. This can happen when someone has the power to make a decision, but they don't use good judgment or follow the rules.
Examples:
- A judge who gives a very harsh sentence for a minor crime, without any good reason, is guilty of an abuse of discretion.
- A police officer who uses excessive force when arresting someone, even though the person is not resisting, is also guilty of an abuse of discretion.
These examples show how someone in a position of power can misuse their discretion and make decisions that are not fair or legal. It is important for people in power to use good judgment and follow the rules, so that everyone is treated fairly and justly.