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 |
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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.
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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
taste
Discretion in the law of the United States
Discretion: Related U.S. Resources
- Discretion in the American Law Encyclopedia
- Criminal Judicial Process Keywords in the U.S. Legal Corpus
- Criminal Process Topics in the United States Legal Dictionary
See Also
Attrition (in the U.S. Legal Encyclopedia) Equity Jurisdiction (in the U.S. Legal Encyclopedia).
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
See Also
- Law Enforcement Officer
- Policeman
- Law Enforcement Agency
Further Reading
- discretion in A Dictionary of Law Enforcement (Oxford University Press)
- discretion in the Encyclopedia of Law Enforcement
- A Treatise on the Police of the Metropolis
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
Discretion
Discretion
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