Legal discretion

legal discretion Exercise of discretion in administrative decision-making revised october 2009 ombudsman western australia factors to consider when exercising discretion the act of exercising discretion can add a level of complexity into the decisionmaking process- as the decision.

Police and sentencing discretion judge-made law is imposed upon the criminal adjudicatory proc-ess -public trial, unbiased tribunal, legal representation, open hearing, confrontation, and related concomitants of procedural. Prosecutorial discretion refers to the fact that under american law, government prosecuting attorneys have nearly absolute powers a prosecuting attorney has power on various matters including those relating to choosing whether or not to bring criminal charges, deciding the nature of charges, plea bargaining and sentence recommendation. Legal studies: discretion, the powers of police (and the criminal investigation process) posted on january 9, 2012 by saba so first, a general overview the bos syllabus asks us to, amongst other things, assess the role of discretion in the criminal justice system and the extent to which the law achieves justice this entry was. ‛the discretion of a trial judge is not a whimsical, uncontrolled power, but a legal discretion, which is subject to the limitations of legal principles governing the subject of its action, and to reversal on appeal where no reasonable basis for the action is shown. 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 whether i will go or stay see more.

A recommendation allows the institutions to make their views known and to suggest a line of action without imposing any legal obligation on those to whom it is addressed opinions an opinion is an instrument that allows the institutions to make a statement in a non-binding fashion, in other words without imposing any legal obligation on those. Meaning within administrative law although most courts that use the term believe it has such a meaning, the reality is that the term is used in numerous ways2 this reality explains much of the confusion surrounding judicial review of administrative discretion. The issues that explore and reflect the role of discretion within our criminal justice system are police discretion, charge negotiation and judicial discretion in sentencing the first aspect of the legal system in which discretion is used is in theshow more content. Comments on abuse of discretion what made you want to look up abuse of discretionplease tell us where you read or heard it (including the quote, if possible.

Unpacking the legal phrase “fettering discretion” december 10, 2015 will leave a comment the phrase “fettering discretion” found its way into two important decisions released today. Related legal terms and definitions: discretion, discretionary discretion is the power to act to one's own judgment and conscience uncontrolled by the judgment or conscience of others the discretion of a judge or court is one that. Discretion power to choose whether to do or not to do a certain thing, eg investigate a complaint doctrine of precedent see: precedent legal responsibility, eg for breaking a contract, committing a crime it may be civil or criminal, and is enforced by civil or criminal courts. The boss, at his/her discretion, may rotate the crew it will be at the discretion of the moderators in exceptional circumstances then this rule may be waived at the admin's discretion it is at the discretion of the module organizer when it comes to decentralization, their slogans are.

Discretion definition: 1 the ability to behave without causing embarrassment or attracting too much attention, especially by keeping information secret: 2 the right or ability to decide something: 3 choice, or the right to make a choice, based on judgment: learn more. The ordinary meaning of the term ‘unfettered’ is ‘fully unrestricted’, with no constraints however, courts equally have a discretion to. The issues that explore and reflect the role of discretion within our criminal justice system are police discretion, charge negotiation and judicial discretion in sentencing the first aspect of the legal system in which discretion is used is in the powers given to police in the criminal investigative process.

Legal discretion

Buy the legal english dictionary leading universities some of the world’s leading law faculties have joined together to create an online database of legal terminology, all linked to a single english dictionary of law, with the aim of making it easier to understand and communicate legal concepts in different languages. The world law dictionary project english may be the common language of the world, but the common law is not the common law of the world that’s why, in a unique project, translegal has teamed up with leading law schools from around the world to create an online multilingual law dictionary linking the world’s legal languages to a single english law dictionary. Yes, courts have held that it has legal effect, but if you’re looking to address a given issue, you can do so more clearly than by using at its sole discretion see mscd and my 2011 article for more details.

  • Discretion is often granted under a contract, trust, or will examples: 1) a judge may have discretion as to the amount of a fine or whether to grant a continuance of a trial 2) a trustee or executor of an estate may have discretion to divide assets among the beneficiaries.
  • Absolute discretion is not absolute that is, the trustee is not held to the objective legal standard that requires acting prudently under the relevant circumstances removing the objective standard thus allows the trustee more freedom to use his independent judgment and to consider a broader range of possible actions.
  • 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 is - individual choice or judgment how to use discretion in a sentence individual choice or judgment power of free decision or latitude of choice within certain legal bounds. Discretion is a pervasive phenomenon in legal systems it is of concern to lawyers because it can be a force for advancing the broad purposes of law and subverting them for social scientists this phenomenon is an important form of decision-making behavior, one in which legal rules are merely one force in a field of pressures and constraints that drive certain courses of action or inaction. A legal description of property is a way to define or accurately pinpoint where a particular piece of property is located a street address also identifies a physical location but not in the same way that a legal description defines it and, in fact, they sometimes don't even match.

legal discretion Exercise of discretion in administrative decision-making revised october 2009 ombudsman western australia factors to consider when exercising discretion the act of exercising discretion can add a level of complexity into the decisionmaking process- as the decision.
Legal discretion
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