Dictionary of Law
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

abuse of discretion :: legal definition


Abuse of discretion - n. a polite way of saying a trial judge has made such a bad mistake ("clearly against reason and evidence" or against established law) during a trial or on ruling on a motion that a person did not get a fair trial. A court of appeals will use a finding of this abuse as a reason to reverse the trial court judgment. Examples of "abuse of discretion" or judges' mistakes include not allowing an important witness to testify, making improper comments that might influence a jury, showing bias, or making rulings on evidence that deny a person a chance to tell his or her side of the matter. This does not mean a trial or the judge has to be perfect, but it does mean that the judge's actions were so far out of bounds that someone truly did not get a fair trial. Sometimes the appeals courts admit the judge was wrong, but not wrong enough to have influenced the outcome of the trial, often to the annoyance of the losing party. In criminal cases abuse of discretion can include sentences that are grossly too harsh. In a divorce action, it includes awarding alimony way beyond the established formula or the spouse's or life partner's realistic ability to pay.


Related Law Terms

abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements.
administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
admiralty :: n. concerning activities which occur at sea, inclu ... "proctors." See also: maritime law
admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence
advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit
after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction
after-discovered evidence :: n. evidence found by a losing party after a trial ... also: evidence writ of coram nobis
agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance
appellate court :: n. a court of appeals which hears appeals from low ... court of appeals. See also: appeal
arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision.
arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
attractive nuisance doctrine :: n. a legal doctrine which makes a person negligent ... ch make negligence harder to prove.
bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff.
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense
case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
circuit courts :: n. a movable court in which the judge holds court ... alled the Circuit Courts of Appeal.
circumstantial evidence :: n. evidence in a trial which is not directly from ... circumstantial. See also: evidence
class :: n. in legal (not sociological) terms, all those pe ... nt is given. See also: class action
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
clear and convincing evidence :: n. evidence that proves a matter by the "preponder ... See also: beyond a reasonable doubt
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law
conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment
conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian
constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction
contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
corporation :: n. an organization formed with state governmental ... ation public corporation securities
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
court of appeals :: n. any court (state or federal) which hears appeal ... eals courts. See also: appeal court
Court of Customs and Patent Appeals :: n. a federal court established (1929) to hear appe ... lso: Customs Court patent trademark
court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals.
Customs Court :: n. a federal court established (1926) to hear appe ... Court of Customs and Patent Appeals
declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict
discretion :: n. the power of a judge, public official or a priv ... t a variance to a zoning ordinance.
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss
dissent :: n. 1) the opinion of a judge of a court of appeals ... sagreement with prevailing thought.
docket :: 1) n. the cases on a court calendar. 2) n. brief n ... r or make notes on action in court.
double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier.
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ
error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand
estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches
evidence :: n. every type of proof legally presented at trial ... material object objection relevant
ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing.
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed
excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail
exclusionary rule :: n. the rule that evidence secured by illegal means ... e poisonous tree motion to suppress
executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon
expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony
extrinsic fraud :: n. fraudulent acts which keep a person from obtain ... it. See also: fraud intrinsic fraud
fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander
false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement
finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law
first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her.
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance
grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance.
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
incest :: n. sexual intercourse between close blood relative ... ily genes carrying such weaknesses.
incompetency :: n. the condition of lacking the ability to handle ... and/or represented by an attorney.
incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence
incompetent evidence :: n. testimony, documents or things which one side a ... ns. See also: incompetent objection
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy.
indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant.
inference :: n. a rule of logic applied to evidence in a trial, ... . See also: circumstantial evidence
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy
insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
judicial discretion :: n. the power of the judge to make decisions on som ... iscretion beyond his/her authority.
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury
jury of one's peers :: n. a guaranteed right of criminal defendants, in w ... y African Americans. See also: jury
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
kidnapping :: (also spelled kidnaping) n. the taking of a person ... but now applies to adults as well.
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best.
long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause
lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:."
magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing
maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
marked for identification :: adj. documents or objects presented during a trial ... exhibit lay a foundation objection
maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life."
mediation :: n. the attempt to settle a legal dispute through a ... a settlement. See also: arbitration
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial
moral certainty :: n. in a criminal trial, the reasonable belief (but ... : beyond a reasonable doubt verdict
motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V.
motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion
motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
nisi prius :: : (nee-see pree-us) adj. Latin for "unless first," ... : original jurisdiction trial court
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography
offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony
officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge
open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers.
opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified.
order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment
overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain
own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R.
plain error :: n. a mistake by the trial court found by a court o ... ire reversal of the trial decision.
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges.
presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty.
pro hac vice :: : (proh hock vee-chay) prep. Latin for "this time ... association with a local attorney.
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty
promissory estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
reasonable care :: n. the degree of caution and concern for the safet ... . See also: duty of care negligence
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand
reply brief :: n. the written legal argument of the respondent (t ... ee also: appeal appellee respondent
reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries.
respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court.
review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error
rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning
rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness
rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court
rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court.
sound mind and memory :: n. having an understanding of one's actions and re ... ee also: competent incompetent will
special administrator :: n. a person appointed by the court in a probate pr ... or administrator. See also: probate
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence
stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent
state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights
status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store.
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals
Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court
Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax
temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction
testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial
testimony :: n. oral evidence given under oath by a witness in ... tion evidence testify trial witness
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
transcript :: n. the written record of all proceedings, includin ... unless transcription is requested.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
trial court :: n. the court which holds the original trial, as di ... a court of appeals. See also: trial
trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments.
ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence
undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
will :: n. a written document which leaves the estate of t ... will and testament probate testator
witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will
writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial.

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - A

a fortiori :: (ah-for-she-ory) prep. Latin for "with even strong ... rother Cain certainly is too young.
a priori assumption :: (ah-pree-ory) n. from Latin, an assumption that is ... when the reality is not so certain.
a.k.a. :: prep. abbreviation for "also known as" when someon ... nodgrass, a.k.a. "Snuffy the Snod."
ab initio :: prep. lawyer Latin for "from the start," as "it wa ... tart," as "it was legal ab initio."
abandon :: v. to intentionally and permanently give up, surre ... lso: abandoned property abandonment
abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment
abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
abate :: v. to do away with a problem, such as a public or ... ty septic tank. See also: abatement
abatement :: n. 1) the removal of a problem which is against pu ... eneficiary in full. See also: abate
abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping
abet :: v. to help someone commit a crime, including helpi ... n the crime. See also: aid and abet
abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."
able-bodied :: adj. physically capable of working at a job or in ... of paying alimony or child support.
abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.
abrogate :: v. to annul or repeal a law or pass legislation th ... ons of a contract. See also: repeal
abscond :: v. 1) traditionally to leave a jurisdiction (where ... as in "he absconded with the loot."
absolute :: adj. complete, and without condition. ... j. complete, and without condition.
abstention doctrine :: n. when the Supreme Court refuses to exercise its ... being appealed from a state court.
abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title
abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien