Legal Definition and Related Resources of Discretion

Meaning of Discretion

In Practice. The equitable decision of what is just and proper under the circumstances. The power of a judge, in certain matters, to decide in accordance with his own judgment of the equities of the cases, unhampered by inflexible rules of law. The latitude allowed to judges as to the action to be taken on certain facts. See 34 Barb. (N. Y.) 291. The discretion of a judge is said to be the law of tyrants. It is always unknown; it is different in different men; it is casual, and depends upon constitution, temper, and passion. In the best, it is oftentimes caprice; in the worst, it is every vice, folly, and passion to which human nature is liable. Optima lex quae minimum relinquit arbitrio judicis; optimus judex qui minimum sibi. Bac. Aph.; 1 Cas. (Pa.) 80, note; 1 Powell, Mortg. 247a; 2 Belt, Supp. to Ves. 391; TouUier, Dr. Civ. liv. 3, note 338; 1 Lilly, Abr. 447. There is a species of discretion which is authorized by express law, and without which justice cannot be administered; for example, if an old offender, a man of much intelligence and cunning, whose talents render him dangerous to the community, induces a young man of weak intellect to commit a larceny in company with himself, they are both liable to be punished for the offense. The law, foreseeing such a case, has provided that the punishment should be proportioned so as to do justice, and it has left such apportionment to the discretion of the judge.’ It is evident that, without such discretion, justice could not be administered; for one of these parties assuredly deserves a much more severe punishment than the other. And many matters relating to the trial, such as the order of giving evidence, granting of new trials, etc., are properly left mainly or entirely to the discretion of the judge. As applied to executive officers, it means a power to decide on the propriety of certain actions, without any review by others. In Criminal Law. The ability to know and distinguish between good and evil, between what is lawful and whal) is unlawful.

Translate Discretion from English to Spanish

Translation of Discretion , with examples. More about free online translation into Spanish of Discreción and other legal terms is available here.

Discreción
Prudencia
Albedrío
Juicio
Legal English Translation

Translate At My Discretion from English to Spanish

Translation of At My Discretion , with examples. More about free online translation into Spanish of A mi discreción and other legal terms is available here.

A mi discreción
A mi juicio
Legal English Translation

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You might be interested in these references tools:

Resource	Description
Discretion in the Dictionary	Discretion in our legal dictionaries
Browse the Legal Thesaurus	Find synonyms and related words of Discretion
Legal Maxims	Maxims are established principles that jurists use as interpretive tools, invoked more frequently in international law
Legal Answers (Q&A)	A community-driven knowledge creation process, of enduring value to a broad audience
Related topics	Discretion in the World Encyclopedia of Law

Notice

This definition of Discretion is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

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Sitemap Index	Sitemap Index, including Taxonomies
https://legaldictionary.lawin.org/discretion/	The URI of Discretion (more about URIs)

Synonyms of Discretion

(Power of choice), noun

analysis
appraisal
assessment
choice
consideration
contemplation
decision
designation
determination
discrimination
distinction
election
evaluation
examination
free decision
free will
freedom of choice
liberty of choosing
liberty of judgment
license
option
optionality
permission
pick
power of choosing
review
right of choice
sanction
selection
selfdetermination
suffrage
suo arbitrio
volition
will Associated Concepts: absolute discretion
abuse of discretion
administrative discretion
arbitrariness
capriciousness
certiorari
judicial discretion
legal discretion
mandemus
prohibition
unreasonableness foreign phrases: Optima est lex quae minimum relinquit arbitrio judicis; optimas judex qui minimum sibi
That is the best system of law which leaves the least to the discretion of the judge; that judge is the best who leaves the least to his own discretion
Optimam esse legem
quae minimum relinquit arbitrio judicis; idquodcertitudo ejus praestat
That law is the best which leaves the least discretion to the judge; this is an advantage which results from its certainty
Optimus judex
qui minimum sibi
He is the best judge who leaves the least to his own discretion
Quam longum debet esse rationabile tempus non definitur in lege
sedpendet ex discretione justiciariorum
How long a reasonable time ought to be is not defined by law
but is left to the discretion of the judges
Quam rationabilis debet esse finis
non definitur
sed omnibus circum stantiis inspectis pendet ex justiciariorum discretione
What a reasonable fine ought to be is not defined
but is left to the discretion of the judges
all the circumstances being considered

(Quality of being discreet), noun

ability to get along with others
acuteness
aesthetic judgment
appreciation
appreciativeness
art of negotiating
artful management
artfulness
artistic judgment
attention
care
carefulness
caution
cautiousness
chariness
circumspection
circumspectness
cleverness
competence
concern
considerateness
consideration
craft
deftness
deliberation
delicacy
diplomacy
discernment
discreetness
discriminating
taste
discrimination
discriminatory powers
distinction
expertness
facility
finesse
good sense
guardedness
heed
heedfulness
insight
intuition
iudicium
judiciousness
mature responsibility
maturity
mindfulness
nicety
particularness
perception
perspicacity
polish
precaution
presence of mind
providence
prudence
prudentia
qualification
quick judgment
refined discrimination
refinement
regardfulness
resourcefulness
safeguard
sagacity
sagesse
savoirfaire
sensitiveness
sensitivity
sharpness
shrewdness
skill
soundjudgment
sound reasoning
statesmanship
strategy
subtlety
sympathetic perception
tact
tactfulness
taste
technique
thoughtfulness
wariness
watchfulness
Associated Concepts: absolute discretion
abuse of discretion
administrative discretion
discretion to set aside a judgment
improper exercise of discretion
judicial discretion
prosecutorial discretion
prosecutorial discretion
sound discretionforeign phrases: Discretio est scire per legem quid sitjustum
Discretion consists in knowing through the law what is just
statesmanship
strategy
subtlety
sympathetic perception
tact
tactfulness
taste
technique
thoughtfulness
wariness
watchfulness
wisdom
Associated Concepts: absolute discretion
abuse of discretion
administrative discretion
discretion to set aside a judgment
improper exercise of discretion
judicial discretion
prosecutorial discretion
sound discretionforeign phrases: Discretio est scire per legem quid sitjustum
Discretion consists in knowing through the law what is just

Discretion in the law of the United States

Discretion: Related U.S. Resources

Discretion in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of discretion.

Grammar

This term is a noun.

Etimology of Discretion

(You may find discretion at the world legal encyclopedia and the etimology of more terms).

c. 1300, dyscrecyun, “moral discernment,” from Old French discrecion or directly from Late Latin discretionem (nominative discretio) “discernment, power to make distinctions,” in classical Latin “separation, distinction,” noun of state from past participle stem of discernere “to separate, distinguish” (see discern). Phrase at (one’s) discretion attested from 1570s, from sense of “power to decide or judge” (late 14c.); the age of discretion (late 14c.) in English law was 14.

Resources

English Legal System: Discretion

In the context of the English law, A Dictionary of Law provides the following legal concept of Discretion :

See judicial discretio

Discretion (Criminal Judicial Process)

Discretion