Abuse of discretion
Definition
A standard of review used by appellate courts to review decisions of lower courts. A judgment will be termed an abuse of discretion if the adjudicator has failed to exercise sound, reasonable, and legal decision-making skills.
Illustrative caselaw
See, e.g. Wilton v. Seven Falls Co., 515 US 277 (1995) and General Electric Co. v. Joiner, 522 US 136 (1997).
See also
Definition from Nolo’s Plain-English Law Dictionary
A standard of reviewing a lower court's or other decision maker's judgment. To overturn a decision for abuse of discretion, the appellate court must find that the decision was wholly unsupported by the evidence, illegal, or clearly incorrect.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:10 pm
