Difference between revisions of "Abuse of discretion"

Revision as of 02:45, September 8, 2011

ballsack

@@ Line 1: / Line 1: @@
-'''"Abuse of discretion"'''  is a legal standard used by [[appellate court]]s in reviewing many types of decisions made by trial courts,typically decisions on matters of [[equity]].  This standard is highly deferential in presuming that the trial court acted correctly.  This standard creates a very high threshold for an appellant to surmount to overturn a trial decision.  The onset of the ''[[hard look doctrine]]'' has made the standard slightly less deferential, though.  ''See'', ''e.g.'' ''Citizens to Preserve Overton Park''.
+ballsack
-Note, however, that "[a] district court by definition abuses its discretion when it makes an error of law." ''Koon v. United States'', 518 U.S. 81, 100 (1996). "[T]he abuse-of-discretion standard includes review to determine that the discretion was not guided by erroneous legal conclusions." ''Koon'', 518 U.S. at 100.
-[[Category:Law]]