Approved discretion guidelines results obtained all charges withdrawn as a result of lawyer’s actions discharge of all charges at preliminary hearing as. This post addresses use of at its discretion in language of discretion, as in acme may at its discretion terminate this agreement adams on contract drafting. Legal definition and related resources of discretion meaning of discretion in practice the equitable decision of what is just and proper under the circumstances the power of a judge, in certain matters, to decide in accordance with his own [. Police discretion is used for minor offenses such as traffic incidents or public urination in these situations, the officer has a choice to fine/arrest the offender, or give them a written or verbal warningthere are multiple factors that can affect a police officer's discretion during a given incident. Discretion definition, the power or right to decide or act according to one's own judgment freedom of judgment or choice: it is entirely within my discretion.
Discretion freedom given to the floor broker by an investor to use his judgment regarding the execution of an order discretion can be limited, as in the case of a limit order. 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. Discretion quotes from brainyquote, an extensive collection of quotations by famous authors, celebrities, and newsmakers.
Judicial review in english law enables in its discretion, the court will quash a decision where the authority has misunderstood a legal term or incorrectly. The legal definition of judicial discretion is the power the law gives the court or a judge to choose among two or more alternatives, each being lawful. Looking for online definition of discretion in the medical dictionary discretion explanation free or advice of a legal, medical, or any other professional. Judicial discretion n the power of the judge to make decisions on some matters without being bound by precedent or strict rules established by statutes. Reader steven sholk told me about this article on the phrase sole and absolute discretion that appeared last week in the new york law.
For adjustment case types that involve discretion, the exercise of favorable discretion and the approval of an adjustment application is a matter of administrative grace – meaning the application is worthy of favorable consideration [8. In the legal system, discretion is often defined as the ability of a judge to choose where, how and with what severity to sentence a person who has been convicted. Discretion is the power of a judge, public official or a private party (under authority given by contract, trust or will) to make decisions on.
Definition of discretion: a liberty or privilege allowed to a judge, within the confines of right and justice, but independent of narrow and unbending rules of positive law, to decide and act in accordance with what is fair, equitable, and wholesome, as determined upon the peculiar circumstances of the case, and as discerned by his personal. Legal studies essay based on the syllabus question explain the role of discretion in the criminal justice system. Definition of judicial discretion in the legal dictionary - by free online english dictionary and encyclopedia what is judicial discretion. Within legal doctrine, legal positivism would be opposed to sociological jurisprudence and hermeneutics of law, the discretion thesis is vulnerable to one.
The leiden law blog is apparently coming in different ways and with different effects on the legitimacy of eu and national legal systems, discretion in eu law. Police discretion allows law enforcement officials to effectively make decisions in the field when no clear-cut solution is illuminated by law or a handbook this trend in police work has many advantages such as allowing officers the flexibility to handle each situation in a manner that best fits its individual needs. Discretion can be exercised to grant legal aid to an applicant when the means test provides that legal aid is only available in exceptional circumstances. Sole discretion refers to the legal ability to be the only person who has deciding power over a given situation for example, if a relative dies, but grants one child "sole discretion" over the will, only that child has legal rights to act on be.