Discretion The power of a judge, public official, or private party to make decisions based on his or her opinion within general legal guidelines. Discretion is often granted under a contract, trust, or will. Examples: 1) A judge may have ...
Discretion
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Discretion of the Court: An area of choice available to a judge to make decisions after reviewing reasonable evidence.
Dismiss: The termination of a case without a final disposition of the matter.
DISCRETIONARY FUNCTION EXCEPTION - The Federal Torts Claims Act is limited by a number of exceptions pursuant to which the government is not subject to suit, even if a private employer could be liable under the same circumstances.
"This broad discretion rests largely on the recognition that the decision to prosecute is particularly ill-suited to judicial review.
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.
Discretion
The administrative law judge's freedom to decide an issue. Some issues are clearly decided by law, and the administrative law judge is said to have very little or no discretion.
Discretionary Trust:
A trust in which the settlor has given the trustee full discretion to decide which (and when) members of a group of beneficiaries is to receive either the income or the capital of the trust.
Discretion - A power or right conferred on a judge to act according to the dictates of his own judgment and conscience, uncontrolled by the judgment or conscience of others.
Dismissal - An order or judgment disposing of a case without a trial.
discretion
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 his/her opinion within general legal guidelines. Examples: a) a judge may ...
discretionary review An appeal (see above) in which the higher court is not required to accept the case, but may choose to do so.
discretion
Power to choose whether to do or not to do a certain thing, e.g. investigate a complaint.
distrain ...
Discretionary
Definition - adj
: left to discretion
: exercised at one's own discretion
specif
: relating to the policy-making function of a public official
see also Federal Tort Claims Act in the Important Laws section
compare ministerial ...
Discretion of the Court
A court exercises its discretion with respect to the allowance of bail. In reaching its decision, it evaluates the circumstances of the particular case, including the existence of doubt as to the accused's appearance at trial.
non-discretionary trust
n. a trust in which the trustee is directed to invest only in spe...
non-feasance
n. the failure of an agent (employee) to perform a task he/she ha...
Abuse of discretion
A legal standard that the Supreme Court uses to decide whether the Superior Court judge made a mistake in a decision that involved the judge's discretion.
Discretionary Bench Warrant In circumstances where a person does not appear in court, the court may extend a courtesy by issuing a bench warrant "with discretion".
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.
The administration of the barbarous naval law of England was long entrusted to the discretion of commanders acting under instructions from the lord high admiral, who was supreme over both the royal and merchant navy.
may - Word "may" usually is employed to imply permissive, optional or discretional, and not mandatory.
In some cases (mandatory sentencing) the duration is exactly prescribed; in others the judge (and in some instances, the jury) has limited discretion. The U.S.
To this general rule there are several exceptions, namely, first, when the testator has delegated a power to an individual to distribute the fund among the testator's relations according to his discretion; ...
An engagement by which a single man and a single woman of sufficient discretion take each other for husband and wife. Milford v. Worcester, 7 Mass. *52 (1810), Parsons, Chief Justice.
In this context, a rule is a statement of a legal proscription that specifies with particularity what is required, leaving little discretion to the decision maker (although the language of even specific rules can be subject to interpretations).
Unlike arbitrations, however, mediations are entirely at the discretion of the parties, so the event can be as formal or informal as desired. And unlike arbitrators, mediators are not expected to render a decision in favor of either of the parties.
Both an order for specific performance and an injunction are discretionary remedies, originating for the most part in equity.
Either party in a matrimonial action may be awarded exclusive occupancy of the marital residence at the court's discretion.
Cancellation of Removal - A discretionary benefit adjusting an alienĂs status from that of deportable alien to one lawfully admitted for permanent residence.
Usually, a motion addresses an issue that is within the court's discretion to order some form of guidance as to how the trial will proceed. The judge may also order some act to be done or not done by another litigant or participant at trial.
Best Interest of the Child: A discretionary legal standard that pertains to support, visitation and custody.
Bigamy: A criminal offense committed when one spouse enters a marriage when the previous marriage has not been terminated.
An order by the appellate court used when the court has the discretion on whether or not to hear an appeal.
Writ of habeas corpus ad prosequendum
A writ of the court ordering that a defendant be brought before the court to testify.
In camera - Parts of Hearings held before the Comptroller may, at her discretion, not be open to the public. In addition, certain proceedings are not open to public inspection.
Pretrial conference - Conference among the opposing attorneys and the judge called at the discretion of the court to narrow the issues to be tried and to make a final effort to settle the case without a trial.
It is discretionary. If the writ is denied, the higher court refuses to hear the appeal and the judgment in the lower court stands unchanged. If the writ is granted, the higher court hears the appeal.
Pretrial conference - Conference among the opposing legal-law123hotlegaltopics.com"attorneys and the judge called at the discretion of the court to narrow the issues to be tried and to make a final effort to settle the case without a trial.
They assist the court in making discretionary decisions such as the best placement for the child victim if it is needed, as well as to resolve questions concerning the child's competency to testify.
Objection to the seating of a particular juror for a stated reason. The judge has the discretion to deny the challenge.
Chambers: ...
Challenge for Cause - Objection to the seating of a particular juror for a stated reason (usually bias or prejudice for or against one of the parties in the lawsuit.) The judge has the discretion to deny the challenge.
MANDATORY SENTENCE: A criminal sentence set by a legislature that establishes the minimum length of prison time for specified crimes and thus limits the amount of discretion a judge has when sentencing a defendant.
In an Alford plea, defendant has to admit that he has reviewed the state's evidence, a reasonable jury could find him guilty, and he wants to take advantage of a plea offer that has been made. Court has discretion as to whether to accept this type ...
The applicant must respond to a priority action within 6 months from the date the priority action is mailed. If the applicant fails to do so, the application will be abandoned. Please note that examining attorneys have no discretion to extend the ...
notice or prior warnings ("Summary" or "Instant" dismissal). Such conduct will normally include theft, violence, falsification of records and other serious matters. The list should be stated as being non-exhaustive to allow the employer discretion.
so that there would not be enough time for the debate. An MP moves a motion "that the question be now put". It can only be accepted if a majority, comprising of at least 100 MPs, votes for it. A closure motion is allowed at the Speaker's discretion.
 See also: Law, Court, State, Person, Will
  
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