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Simple English definitions for legal terms
discretionary
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A quick definition of discretionary:
Term: discretionary
Definition: Discretionary acts are decisions made by people in charge who look at each situation and decide what to do based on their own judgment. These decisions are not controlled by rules or laws. For example, a judge might have to make a discretionary decision about a case in court.
A more thorough explanation:
Definition: Discretionary acts are not governed by regulations, but rather by persons in roles of authority who judge each specific case, which means an act (such as review by the court of a particular matter) is at the free choice or judgment of the court.
Example: A judge may have the discretion to reduce a sentence for a first-time offender who shows remorse and is unlikely to reoffend.
Explanation: In this example, the judge has the power to make a decision based on their own judgment and not based on any specific regulations or laws. The judge can choose to reduce the sentence of the offender based on their own discretion and the specific circumstances of the case.