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Abuse of discretion

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Abuse Of Discretion
n. if a judge and not a jury have decided issues of fact, an appellate court will apply an abuse of discretion standard of review.

 


ABUSE OF DISCRETION - When a court does not apply the correct law or if it rests its decision on a clearly erroneous finding of a material fact. U.S. v. Rahm, 993 F.2d 1405, 1410 (9th Cir.'93).

A standard of reviewing a lower court's or other decision maker's judgment. To overturn a decision for abuse of discretion, the appellate court must find that the decision was wholly unsupported by the evidence, illegal, or clearly incorrect.

Abuse of Discretion (legal term)
Failure of consideration
Mikhail Ilarionovich Kutuzov
Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd
Office Layout
Real defense
The Mikhail Lermontov
Management effectiveness
English unjust enrichment law ...

Abuse of DiscretionIn all jurisdictions judges are given discretion to decide certain matters based upon the law and facts presented. They are required to do this, however, within what is called the reasonableness test.

"Unless there has been a manifest abuse of discretion resulting in injury to the complaining party, we will not reverse the decision.

compare abuse of discretion clearly erroneous
A de novo review is an in-depth review. Decisions of federal administrative agencies are generally subject to de novo review in the U.S.

See also: Discretion, Law, Court, Review, Decision