Discretion

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Discretion is the power of officials to act according to the dictates of their own judgment and conscience. Discretion is abused when the judicial action is arbitrary, fanciful, or unreasonable. If the plaintiff or the defendant thinks that the trial court judge has abused the discretion, the party can appeal the case. The appellate judge’s job is essentially to review whether the trial court judge has acted properly and correctly applied the law. If reasonable men could differ as to the propriety of the action taken by the trial court, then it cannot be said that the trial court abused its discretion.

See also discretionary

[Last updated in June of 2020 by the Wex Definitions Team]