Warning
Info
Warning
Info
Simple English definitions for legal terms
abuse of discretion
Read a random definition: status offense
A quick definition of abuse of discretion:
Abuse of discretion is when a higher court thinks a lower court made a mistake in a decision that was based on their own judgment. This happens in both criminal and civil cases. If someone disagrees with the decision, they can ask a higher court to review it. The higher court will use the abuse of discretion standard to decide if the lower court made a mistake. This standard is also used in administrative law when reviewing decisions made by government agencies. The Supreme Court has said that this standard is the right way to review decisions about whether to allow expert testimony and whether to issue a subpoena.
A more thorough explanation:
Abuse of discretion is a term used in the legal system to describe a situation where a judge or other decision-maker has made a decision that is so unreasonable or arbitrary that it goes beyond the bounds of what is considered acceptable. This term is often used in appeals cases, where a higher court is reviewing the decision of a lower court.
One example of abuse of discretion might be a judge who imposes an excessively harsh sentence on a defendant, without any clear justification for doing so. Another example might be a judge who refuses to allow important evidence to be presented in a trial, even though it is clearly relevant and admissible.
In a recent case, the Supreme Court used the abuse of discretion standard to review an administrative court's decision to issue a subpoena. The court found that the decision was not arbitrary or capricious, and therefore did not constitute an abuse of discretion.
The examples illustrate how abuse of discretion can occur in both criminal and civil cases, as well as in administrative law. In each case, the decision-maker has acted in a way that is unreasonable or unjustified, and has gone beyond the bounds of what is considered acceptable. This can lead to a miscarriage of justice, and is therefore an important issue for the legal system to address.