Definition of «abuse of discretion»

The term "abuse of discretion" refers to a situation where an individual in charge of making decisions, such as a judge or administrative official, acts outside the bounds of their authority and makes a decision that is deemed unfair or unreasonable. In legal proceedings, this phrase can be used to describe a ruling that was not supported by evidence or proper consideration of the facts, indicating that the judge has acted beyond their scope of discretion in making the decision. The concept of abuse of discretion is often used as grounds for appeal when an individual believes they have been treated unfairly by a legal authority.

Sentences with «abuse of discretion»

The appeals court has held that division of marital property is within the sound discretion of the trial court, which means the only way to reverse is for abuse of discretion. (indianainjuryandfamilylawyerblog.com)
Given the «typical case» characterization of the trial judge and the deferential abuse of discretion standard of review, the appellant court perceived the lower court could have reasoned that the hourly rate was too high or number of hours claimed excessive for a case which was not extraordinary in nature. (calattorneysfees.com)
The $ 159,148.84 fee award to HOA did not surmount the deferential abuse of discretion review standard. (calattorneysfees.com)
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