abuse of discretion


abuse of discretion
"Abuse of discretion" is synonymous with a failure to exercise a sound, reasonable, and legal discretion. It is a strict legal term indicating that appellate court is of opinion that there was commission of an error of law by the trial court. It does not imply intentional wrong or bad faith, or misconduct, nor any reflection on the judge but means the clearly erroneous conclusion and judgment-one is that clearly against logic and effect of such facts as are presented in support of the application or against the reasonable and probable deductions to be drawn from the facts disclosed upon the hearing; an improvident exercise of discretion; an error of law. State v. Draper, 83 Utah 115, 27 P.2d 39; Ex parte Jones, 246 Ala. 433, 20 So.2d 859, 862.
A discretion exercised to an end or purpose not justified by and clearly against reason and evidence. Unreasonable departure from considered precedents and settled judicial custom, constituting error of law. Beck v. Wings Field, Inc., C.C.A.Pa., 122 F.2d 114, 116, 117.
A judgment or decision by an administrative agency or judge which has no foundation in fact or in law.
"Abuse of discretion" by trial court is any unreasonable, unconscionable and arbitrary action taken without proper consideration of facts and law pertaining to matter submitted. Harvey v. State, Okl.Cr., 458 P.2d 336, 338.

Black's law dictionary. . 1990.

Look at other dictionaries:

  • abuse of discretion — abuse of discretion: an error of judgment by a trial court in making a ruling that is clearly unreasonable, erroneous, or arbitrary and not justified by the facts or the law applicable in the case compare clearly erroneous Merriam Webster’s… …   Law dictionary

  • abuse of discretion — Decision by whim or caprice, arbitrarily, or from a bad motive which amounts practically to a denial of justice as a clearly erroneous conclusion, one that is clearly against logic and effect of the facts presented. 5 Am J2d A & E § 774. Abuse of …   Ballentine's law dictionary

  • abuse of discretion — noun a) The rendering of a decision by a court that is so unreasonable in light of the facts of the case or is such an unreasonable deviation from legal precedent that it must be reversed. b) Any action by a government official by which that… …   Wiktionary

  • palpable abuse of discretion — A clear, plain, or manifest abuse of discretion. 5 Am J2d A & E § 774 …   Ballentine's law dictionary

  • gross abuse of discretion — An arbitrary, unreasonable, individualistic, unjust, and unconscionable act or decision. 5 Am J2d A & E § 774 …   Ballentine's law dictionary

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  • Abuse — This article is about the mistreatment of people or systems. For other uses, see Abuse (disambiguation). Mistreat redirects here. For other uses, see Mistreat (disambiguation). Contents 1 Types and contexts of abuse 1.1 …   Wikipedia

  • abuse — /abyiiws/ 1. noun Everything which is contrary to good order established by usage. Departure from reasonable use; immoderate or improper use. Physical or mental maltreatment. Misuse. Deception. To wrong in speech, reproach coarsely, disparage,… …   Black's law dictionary


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