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Simple English definitions for legal terms

judicial discretion

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A quick definition of judicial discretion:

When a judge makes a decision, they can use their own judgment to decide what is fair and right based on the law. This is called judicial discretion. It's like when a teacher gives you a choice between two punishments for breaking a rule. The judge can use their discretion to make a decision that fits the situation instead of just following the rules exactly. But the judge can't just make any decision they want, it has to be fair and make sense. If they make a bad decision, it can be appealed and changed.

A more thorough explanation:

Judicial discretion is the power given to judges to make decisions based on their own evaluation of a case, guided by the principles of law. This power is granted by the legislature and allows judges to make decisions that are fair and just, taking into account the unique circumstances of each case.

For example, in Ohio, Rule 59 of the rules of civil procedure allows courts to grant a new trial based on their "sound discretion." This means that the judge can decide whether or not to grant a new trial based on their own evaluation of the case, rather than following a strict set of rules.

In criminal law, certain penal code provisions, such as California's penal code 17(c), give judges the discretion to choose between different punishments for certain crimes. This means that the judge can decide what punishment is appropriate based on the specific circumstances of the case.

However, judges must use their discretion responsibly and make decisions that are sound and not arbitrary. If a judge abuses their discretion, their decision can be appealed. An abuse of discretion occurs when a judge makes a decision that is outside the bounds of reason or that results in a manifest miscarriage of justice.

For example, if a judge has the discretion to issue a misdemeanor or felony sentence and chooses the former solely out of disapproval for the punishment that would follow the latter, they have abused their discretion by making their decision using the wrong considerations.

Overall, judicial discretion is an important power that allows judges to make decisions that are fair and just, taking into account the unique circumstances of each case.

judicial administration | judicial ethics

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Dkk
16:10
Noooooo
JumpySubsequentDolphin
16:10
@texaslawhopefully: THEY SEND THEM TO YOU EVEN AFTER YOU GOT ACCEPTED???
I've been getting them literally every other day for months now
JumpySubsequentDolphin
16:11
that’s absurd
16:18
does having a masters degree help with getting into law school
16:19
i rly want to get into northwestern or uchicago but im worried about my stats
LSDFan
16:20
you'll get in, calm tf down
16:20
damn
16:21
bro was just asking a question
U have great stats! I wouldn't be too nervous. Did u write why Northwestern and why Chicago?
oh cornells going wl crazy
16:22
having a masters degree is probably a positive, it shows you can do grad level coursework and probably generated a strong rec letter
@RightPlant: you have a great chance at Northwestern!
Chicago, also not a bad chance, but it is more of a crapshoot
Esp since they care more about GPA than LSAT
Would gulc be later tn? I submitted mine mid Oct so don’t think they will get back to me yet
Anyone think au will get back to us tomo?
16:26
I have no clue, I would think it would be later tn based on past waves
radio silence from cornell hey no news is good news ....
gulc was friday last week but i think it was cause of holiday
16:29
genuinely if its not today I WILL crashout.
Dkk
16:29
@jackfrost11770: Cornell had the WL wave!
oh radio silence on my end
16:32
UR2 at UVA
16:32
not really what i wanted given i have a new LSAT score coming but thems the breaks
Dkk
16:33
@jackfrost11770: Man, I watched a video summarizing the stuff I missed in Arcane. You know, all the boring mel and ambessa stuff and that shit is actually incredibly important to the lore. That stuff is all LeBlanc shit and LeBlanc is like one of the most powerful characters in league.
Dkk
16:33
At least, lore wise. It will get interesting.
if ive been at UR 2 or 3 for UVA am i cooked
also is there ucla wave tongith or is that late reporters?
TypicalTeapot
16:37
DEAN ANDY PLEAAAAAASE
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