The exercise of judgment by a judge or court based on what is fair under the circumstances and guided by the rules and principles of law; a court’s power to act or not act when a litigant is not entitled to demand the act as a matter of right. — Also termed legal discretion. [Cases: […]
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gross abuse of discretion 严重的滥用职权 指作出不公正的、任意的、不合理的、随心所欲的、肆无忌惮的行为或决定。
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A law that allows, but does not mandate, the transfer from delinquency court to criminal court for certain statutorily enumerated offenses if certain statutory requirements are met. • The prosecutor has discretion to request the transfer, and the judge has discretion to order the transfer.
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Damages (such as mental anguish or pain and suffering) that are not precisely measurable but are determined by the subjective judgment of a jury. — Also termed indeterminate damages.
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A commitment that a judge may or may not grant, depending on whether the gov-ernment has proved — usu. by clear and convincing evidence — that the commitment is necessary for the well-being of the defendant or society (as when the defendant is insane and dangerous). • Most states allow discretionary commitment.
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sole discretion of trustee 受托人的全权处理 是最宽泛的合法处分权，但并非毫无约束，否则就否定了信托的存在。
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abuse of discretion. 1. An adjudicator’s failure to exercise sound, reasonable, and legal decision-making. 2. An appellate court’s standard for reviewing a decision that is asserted to be grossly unsound, unreasonable, illegal, or unsupported by the evidence. See DISCRETION. [Cases: Appeal and Error 946; Criminal Law 1147. C.J.S. Appeal and Error § 772.]
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accretion ([schwa]-kree-sh[schwa]n). 1. The gradual accumulation of land by natural forces, esp. as alluvium is added to land situated on the bank of a river or on the seashore. Cf. ALLUVION; AVULSION(2); DELICTION; EROSION. [Cases: Navigable Waters 44; Waters and Water Courses 93. C.J.S. Navigable Waters § 94; Waters §§ 177–182, 184–185.] 2. Any increase
discretionary power. 1. POWER(3). 2. DISCRETION(4).
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