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LSDefine

Simple English definitions for legal terms

discretion

Read a random definition: collateral order doctrine

A quick definition of discretion:

Discretion is when someone in a position of power, like a judge or a police officer, can make decisions based on what they think is right or wrong. They have to follow the rules, but they can use their own judgment to decide how to apply them. For example, a judge might decide how much money someone has to pay as a fine. But if they make a decision that doesn't make sense, someone can ask a higher court to review it and make sure it was fair.

A more thorough explanation:

Discretion is the power given to judges, public officials, or private parties to make decisions based on their own judgment and conscience within general legal principles. It is the ability to judge between right and wrong, which is enough to hold one responsible for their own actions in criminal and tort law.

For instance, a judge may have discretion over the amount of a fine, and a prosecutor may have discretion when prosecuting a criminal case. However, discretion is considered to be abused when the judicial action is arbitrary, fanciful, or unreasonable.

If a plaintiff or defendant believes that the trial court judge has abused their discretion, they can appeal the case. The appellate judge's job is to review whether the trial court judge has acted properly and correctly applied the law. If reasonable people 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.

  • A judge may have discretion over the sentence given to a convicted criminal. For example, they may choose to give a shorter sentence if the defendant has shown remorse and is unlikely to reoffend.
  • A prosecutor may have discretion over whether to charge someone with a crime or not. For example, they may choose not to charge a first-time offender with a minor offense if they believe that a warning or community service would be more appropriate.

These examples illustrate how discretion allows judges and prosecutors to make decisions based on their own judgment and conscience within general legal principles. However, they must ensure that their decisions are not arbitrary, fanciful, or unreasonable.

discovery | discretionary

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ParallelAgreeableOrangutan
11:52
nice, congrats!
@eggan: money talks!
ParallelAgreeableOrangutan
11:52
esp with the scholarship!!
I don't really know where I want to end up practicing yet, but I've enjoyed living in the midwest so far. I think I might ultimately like to end up as in-house corporate for the work life balance.
ParallelAgreeableOrangutan
11:53
I lived in Bloomington for a long time, can't speak to the law school but can answer Qs about the city if you'd like
@ParallelAgreeableOrangutan: How do you think it is to live in as a 20-something going to grad school? The comparison is Iowa city, so not an extremely high bar for liveliness. (No offense intended towards IC. I think it's a lovely place)
NosyBeagle
11:56
@NemoPropheta: taking it in august. feels like ill never be ready but f it we ball
I think the secret to happiness is fuck it we ball
is one ever truly ready for something? probably not. but fuck it we ball!
12:20
I went ahead and registered for August as well since it was free
12:20
Getting 2 180s back to back is better than one right
ronniedoeslaw
12:26
In all of your research, what minimum LSAT score do you believe gets you into UIC law?
12:27
I remember the last guy on here who was convinced he was gonna get a 180 bc he scored in that range on PTs
12:28
🤐
12:29
ugh someone come rub my bellly
12:33
@esoterica: he wasnt on that grindset mentality. im him
12:34
Im gonna drink so much saratoga water on test day
ParallelAgreeableOrangutan
12:43
@LawOfAchilles: (hiii sorry so slow, am at work) Bloomington is lovely, I loved it as an undergrad and as a 20something non-student.
ParallelAgreeableOrangutan
12:45
If you're outdoorsy, it's nice--obv no coasts or mountains, but two small lakes really close, lots of places you can go on a lowkey hike or camp without paying park fees or anything really
ParallelAgreeableOrangutan
12:47
super bikable, decent food to be had, things to do but not so much that you'll be distracted and never study lol. idk I'm a fan haha, I miss it
lmao I just got the LSAC notif that I'm under review at IU Maurer
ParallelAgreeableOrangutan
13:11
May you have better luck than I did :)
YAYYY JUPITER
@LawOfAchilles: if you like the outdoors, you're gonna love bloomington.
both uiowa and iu have a good reputation, especially with midwestern law firms. their alumni resources are pretty top notch too.
14:11
Hey guys, are any T14 schools doing tours during the summer?
NosyBeagle
14:24
@NemoPropheta: the lsat was free for you? lucky
14:26
who else piss on the floor during their lsat
sloth i gotta know about caesar beans
14:35
@NosyBeagle: yeah you just have to be poor and then they let you take it for free twice
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