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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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MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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