meaning of abuse of discretion

abuse of discretion meaning in Legal Dictionary

n. a polite way of saying an effort judge has made such a poor blunder ("demonstrably against reason and proof" or against established law) during an effort or on ruling on a motion that a person failed to get a fair test. A court of appeals will use a finding with this abuse as a reason to reverse the test court judgment. Samples of "abuse of discretion" or judges' mistakes include perhaps not enabling an essential experience to testify, making improper feedback which may influence a jury, showing bias, or making rulings on research that deny you the opportunity to inform their side of the matter. It doesn't mean a trial or perhaps the judge has got to be perfect, nonetheless it does imply that the judge's actions were thus far out of bounds that some one truly failed to get a good trial. Often the appeals courts admit the judge had been wrong, although not incorrect adequate to have influenced the results of test, often towards the annoyance regarding the dropping celebration. In unlawful situations abuse of discernment can include sentences which can be grossly too harsh. In a divorce activity, it offers awarding alimony means beyond the set up formula or even the partner's or wife's realistic capacity to pay.