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Simple English definitions for legal terms
discretionary review
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A quick definition of discretionary review:
Discretionary Review: When someone wants to look at something again to make sure it was done correctly, it's called a review. Sometimes, a higher group of people can look at what a lower group did and decide if it was right or wrong. This is called appellate review. Discretionary review is a type of appellate review where the higher group gets to decide if they want to look at the lower group's decision or not. It's like asking permission to take a second look.
A more thorough explanation:
Discretionary review is a type of appellate review that is not guaranteed, but rather granted at the discretion of the higher court. It occurs when the appellate court decides to review a lower court's decision, but only if it deems the case to be of significant importance or interest.
One example of discretionary review is when the U.S. Supreme Court decides to hear a case. The Supreme Court receives thousands of petitions each year, but only selects a small number of cases to review. The Court uses its discretion to choose cases that have the potential to impact the law or have widespread implications.
Another example is when a state's highest court decides to review a lower court's decision. In some states, the highest court has the discretion to choose which cases it will hear. The court may choose to hear cases that involve important legal issues or cases that have conflicting decisions from lower courts.
These examples illustrate how discretionary review allows higher courts to focus their resources on cases that are most important or have the potential to impact the law. It also ensures that the appellate process is efficient and effective.