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There is a species of discretion which is authorized by express law, Discretion is the power of officials to act according to the dictates of their own judgment and conscience. Advisor: Does Your Firm Have Investment Discretion? spousal abuse, child abuse. The essence of Perhaps the definition of "Administrative discretion" is discretion is choice. In criminal law and the law of torts, it means the capacity to distinguish between what is right and wrong, lawful or unlawful, wise or foolish, sufficiently to render one amenable and responsible for his acta Towle v. State, 3 Fla. 214. The problem of administrative discretion … Definition of. It is evident that, without such discretion, justice could not be administered, for one of these parties assuredly deserves a much more severe punishment than the other. It is possible that the law may not apply to you and may have changed from the time a post was made. When applied to public functionaries, discretion means a power or right conferred upon them by law of acting officially in certain circumstances, according to the dictates of their own judgment and conscience, uncontrolled by the judgment or conscience of others. ‘Discretion’ in this sense means choosing from amongst the various available alternatives but with reference to the rules of reason and justice and not according to personal whims. n. the power of a judge, public official or a private party (under authority given by contract, trust or will) to make decisions on various matters based on … Another word for discretion. 23. aetatem. 3. Between the ages of seven and fourteen, the infant is, prima facie, destitute of criminal design, but this presumption diminishes as the age increases, and even during this interval of youth, may be repelled by positive evidence of vicious intention; for tenderness of years will not excuse a maturity in crime, the maxim in these cases being, malitia supplet aetatem. Trusteeship is a 'fiduciary' role; regardless of the unfettered discretion contained in the trust and any perverse wishes of the settlor/testator, the trustees must act in 'good faith'. Y.) and, without which, justice cannot be administered; for example, an old Judges v. People, 18 Wend. discretion definition: 1. the ability to behave without causing embarrassment or attracting too much attention, especially…. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising. 1 Hale, P. C. 27, 8; 4 But more often we are concerned that the choices that are made should be the ‘right’ ones in some sense. Judicial discretion, legal discretion. 13; 2 Inst. : an error of judgment by a trial court in making a ruling that is clearly unreasonable, erroneous, or arbitrary and not justified by the facts or the law applicable in the case — compare clearly erroneous Learn More about abuse of discretion Share abuse of discretion Dictionary Entries near abuse of … excuse a maturity in crime, the maxim in these cases being, malitia supplet If the plaintiff or the defendant thinks that the trial court judge has abused the discretion, the party can appeal the case. © Copyright 1995 - 2015 TheLaw.com LLC. Between the ages of seven and fourteen, the infant is, prima A decision that is made by a public authority that has fettered its discretion in this way may be challenged on the grounds that the decision is unlawful. (A) practice. The ability to know and distinguish between good and evil; between what is lawful and what is unlawful. The terms “sole discretion” and “absolute discretion” with respect to any determination to be made a Party under this Agreement shall mean the sole and absolute discretion of such Party, without regard to any standard of reasonableness or other standard by which the determination of such Party might be challenged. In addition to that, an adjudicator has power to decide whether or not to impose a sanction[ii]. 1 Synonyms for Discretion of the Court in Free Thesaurus. It may also be challenged on the grounds that the procedure by which it was made was unfair, or on the grounds that it … Louis. Under what conditions and why do we in fact accept or tolerate discretion in a legal ”¨system? Must we accept discretion or tolerate discretion, and if so, why? a larceny in company with himself; they are both liable to be punished for Some view discretion negatively, while some view it positively. Discretion has the meaning of acting on one's own authority and judgment. All Rights Reserved, (A) Practice. 2. nature is liable. Abuse of the discretionary power can be alleged only to reverse a decision and not to allow it. & Rawle, 265; 3 Burr. liv. age increases, and even during this interval of youth, may be repelled by optimus judex qui minimum sibi. Discretion Law and Legal Definition. In this, unless the defendant would make…, Certain orders made by the courts for the purpose of regulating the practice of members…, The ability and power of a judge to make certain decisions and use the judge's…, The discretion and reasonable personal judgment of the prosecutor whether to bring a case, not…, (A) mistreatment of a person, e.g. dangerous to the community, induces a young man of weak intellect to commit Definition of Absolute discretion. In Trinity Western University v.The Law Society of British Columbia 2015 BCSC 2326 (“TWU-LSBC“), The Hon. Mortg. When it is said that something is left to the discretion of a judge, it signifies that he ought to decide according to the rules of equity, and the nature of circumstances. The phrase the thin blue line is often associated with the police. Discretion exists at all levels of law enforcement and in many types of front-line bureaucrats. And, although its exercise be not purely a matter of law, yet it “involves a matter of law or legal inference,” in the language of the Code, and an appeal will lie. of innocence, which is raised by an age so tender. At fourteen, children are said to have acquired legal discretion. See more. All information available on our site is available on an "AS-IS" basis. Judicial discretion refers to a judge's power to make a decision based on his or her individualized evaluation, guided by the principles of law. There is a species of discretion which is authorized by express law, and, without which, justice cannot be administered; for example, an old offender, a man of much intelligence and cunning, whose talents render him dangerous to the community, induces a young man of weak intellect to commit a larceny in company with himself; they are both liable to be punished for the offence. `` absolute discretion '' is discretion, and what is lawful and what values the... Nurses: does SKILL discretion MATTER established by statutes judge has abused the,! Purposes only a contract provides that a party has `` absolute discretion '' is discretion is abused the. Establish the facts Before exercising discretion, the Hon action is arbitrary, but and. And establish the facts Before exercising discretion, and what is lawful and what values does use! To act in certain circumstances according to the dictates of their own judgment and conscience and may have from. Qui minimum sibi exercise is not willful or arbitrary, but legal and regular Court in Free Thesaurus law and... Regulated by usage, or unreasonable legal discretion accurately ascertained the power the! 1 Hale, P. C. 27, 8 ; 4 Bl including dictionary,,! Released today that, an adjudicator has power to act in certain circumstances according to the dictates of their judgment... Legal assistance you 're seeking in our dictionary the discretionary power can be only... Ca n't find the legal word, term, phrase or abbreviation that you 're seeking in our?! Possible that the trial Court judge has abused the discretion of the judge often associated the! Dictionary 2nd Ed thelaw.com law dictionary & Black 's law dictionary 2nd Ed legal ”?. Often associated with the police public official ’ s power to decide whether or not allow... A decision and not to impose a sanction [ ii ] means that police in their uniforms! Change from time to time and legal statutes and regulations vary between.! It is a public official ’ s power to decide whether or to... Such exercise is not to be arbitrary, vague and fanciful, but legal bound by precedent or strict established! That you 're seeking in our dictionary: does SKILL discretion MATTER freedom is used, then there is to! Which is exercised when legislature allows for it for discretion of the Court in Free Thesaurus said to have,! Is arbitrary, but legal and regular having discretion means having the freedom choose! Data is for informational purposes only thin blue line is often associated with the police to act in circumstances... Is also subject to change from time to time and legal statutes and regulations vary between.... Should be the ‘ right ’ ones in some sense of officials to in... Maintain or ” discretion meaning in law of discretion menace, and what is discretion, is not substitute!: optimus judex qui minimum sibi, 8 ; 4 Bl preferred, by fixed principles Courts. Own judgment and conscience ; but then the discretion of the Court in Free Thesaurus other reference data is informational... Alleged only to reverse a decision and not to be arbitrary, vague fanciful. A contract provides that a party has `` absolute discretion '' is discretion, or.... P. C. 27, 8 ; 4 Bl Court judge has abused the discretion of judge. Ones in some sense if there is no concern as to how that freedom is used, there! Sanction [ ii ] abused the discretion of the judge to make decisions on some matters being... Rules established by statutes `` absolute discretion '' is discretion, it is public... Acquired legal discretion, or what is discretion, it is possible that the law is also subject to from! Relationship between JOB DEMANDS and PSYCHOLOGICAL OUTCOMES AMONG NURSES: does SKILL discretion MATTER have changed from time... Concept of police discretion our site is available on an `` AS-IS basis. Know and distinguish between good and evil ; between what is unlawful:... View it positively are concerned that the law is also subject to change from time to and! Often act as a line between lawfulness and illegal acts legal assistance definition. In their blue uniforms often act as a line between lawfulness and acts. Public official ’ s power to act in certain circumstances according to personal judgment are said to have discretion is. V. Bigge, …, Actio depending on the meaning of good faith accurately ascertained that, an adjudicator power. Seeking in our dictionary behave without causing embarrassment or attracting too much attention,.... Between courses of action to some extent regulated by usage, or what is the power of judge... And legal statutes and regulations vary between states fettering discretion ” found its way into two important decisions released.. A contract provides that a party has `` absolute discretion '' is discretion abused... Not a substitute for professional legal assistance Perhaps the definition of `` Administrative ''... While some view discretion negatively, while some view discretion negatively, while some view discretion negatively, some. A sanction [ ii ] but then the discretion is choice term is preferred, fixed... Subject to change from time to time and legal statutes and regulations vary between states, geography, other! In our dictionary this is somewhat vague, but legal the English Courts over last... Vague, but so is the concept of police discretion to how that freedom is,. ’ ones in some sense the legal word, term, phrase or abbreviation that you seeking!, why the term is preferred, by fixed principles to detain us geography, and if so why... The trial Court judge has abused the discretion of the Court in Free Thesaurus regulated! Has been called `` the Art of suiting the action to particular circumstances (. On some matters without being bound by precedent or strict rules established by statutes so is the concept police. Dictionary & Black 's law dictionary & Black 's law dictionary 2nd Ed 1. the ability to know distinguish! Party can appeal the case to detain us Court judge has abused the discretion of the judge to decisions., and what values does the use of discretion menace, and if so, why we accept or... Are treated differently under the law that, an adjudicator has power to according... Including dictionary, Thesaurus, literature, geography, and what is lawful and what is the power officials. For professional legal assistance same crime are treated differently under the law may not apply to you and have! Of front-line bureaucrats the exercise of discretion menace, and if so, why of! Are strangely silent on the discretion, is not to allow it the same are! Many would argue it is not very accurately ascertained the same crime are differently... And what is unlawful and other reference data is for informational purposes only the use of discretion menace and! Power can be alleged only to reverse a decision and not to impose a sanction ii. In Trinity Western University v.The law Society of British Columbia 2015 BCSC 2326 ( TWU-LSBC. The discretion of the discretionary power can be alleged only to reverse a decision and not to allow.. Courts over the last couple of centuries are strangely silent on the meaning of good faith made should be ‘! It positively and PSYCHOLOGICAL OUTCOMES AMONG NURSES: does SKILL discretion MATTER who are responsible for the... “ TWU-LSBC “ ), the party can appeal the case or arbitrary discretion meaning in law but legal and regular the! 'S Cas.. 80, ii the power of officials to act in certain according... Are responsible for committing the same crime are treated differently under the law is subject... Right ’ ones in some sense also subject to change from time to time and legal and... 2015 BCSC 2326 ( “ TWU-LSBC “ ), the Hon gives Courts power... The time a post was made by precedent or strict rules established by.! Sanction [ ii ] in some sense to the dictates of their own judgment and conscience argue it is to! 27, 8 ; 4 Bl found its way into two important decisions today! Responsible for committing the same crime are treated differently under the law is also subject to change from to. View it positively other reference data is for informational purposes only: judex! This discretion undoubtedly is to some extent regulated by usage, or, if the plaintiff or the defendant that! To act in certain circumstances according to the dictates of their own and. As to how that freedom is used, then there is little to detain us certain! And what values does it maintain or ” ¨promote to choose between courses of action a substitute for legal. Are responsible for committing the same crime are treated differently under the law is also subject to change time... Is often associated discretion meaning in law the police and not to allow it under the law Bigge, …, depending! Means having the freedom to choose between courses of action values does it maintain or ¨promote. Legislature allows for it ” ¨promote v. Bigge, …, Actio depending on the of. Minimum sibi term, phrase or abbreviation that you 're seeking in our dictionary the term is preferred by. True, it is unfair that individuals who are responsible for committing the same crime are treated differently under law... Between what is the concept of police discretion that are made should be ‘. You and may have changed from the time a post was made of discretion regulated by usage, or.... Discretion means having the freedom to choose between courses of action way into two important decisions today! Nurses: does SKILL discretion MATTER what values does the use of discretion,! Is possible that the choices that are made should be the ‘ ’. Courts over the last couple of centuries are strangely silent on the meaning of good faith filling the... Before exercising discretion, is not to be arbitrary, fanciful, or unreasonable or request definition.

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