Definition Of Grave Abuse Of Discretion

By grave abuse of discretion is meant simply capricious or whimsical exercise of judgment that is patent and gross as to amount to an evasion of positive duty or a virtual refusal to perform a duty enjoined by law or to act at all in contemplation of law as where the power is exercised in an arbitrary and despotic manner by reason of passion or hostility.

Definition of grave abuse of discretion. Or the whimsical arbitrary or capricious exercise of power that amounts to an evasion or refusal to perform a positive duty enjoined by law or to act at all in. A decision of a judicial body based on an erroneous finding of fact or conclusion of law or an improper application of law to fact. Grave abuse of discretion is defined as capricious or whimsical exercise of judgment as is equivalent to lack of jurisdiction. Grave abuse of discretion.

The abuse of discretion standard is used by appellate courts to review lower court decisions in both criminal law and civil law. The term abuse of discretion is comprehensively defined as follows. An arbitrary or unreasonable departure from precedent and settled judicial custom. In general electric co.

There are a plethora of judicial attempts to define an abuse of discretion. For the most part the phrase is a term of art in american. Abuse of discretion synonyms abuse of discretion pronunciation abuse of discretion translation english dictionary definition of abuse of discretion. This authority may be said in a general way to be the power of the judge to rule and decide as his best judgment and sound discretion dictate.

The abuse of discretion must be patent and gross as to amount to an evasion of a positive duty or a virtual refusal to perform a duty enjoined by law or to act at all in contemplation of law as where the power is exercised in an arbitrary and despotic manner by. Where a trial court must exercise discretion in deciding a question it must do so in a way that is not clearly against logic and the evidence. Abuse of discretion definition. 136 1997 the supreme court held that abuse of discretion standard is the proper standard to use when reviewing evidentiary rulings including whether to admit or.

The misconduct is grave if it involves any of the additional elements of corruption willful intent to violate the law or to disregard established rules which must be proved by substantial evidence. A failure to take into proper consideration the facts and law relating to a particular matter. Grave abuse of discretion under rule 65 has a specific meaning. The ca s sixth division found no grave abuse of discretion on the part of presiding judge armando yanga of branch 173 of the.

On october 19 2004 the petitioner filed with the ca a petition for certiorari under rule 65 of the rules of court imputing grave abuse of discretion on the acting secretary of justice et al in deciding the case in the respondent s favor. Joiner 522 u s. An earnest or urgent request entreaty or supplication. It is the arbitrary or despotic exercise of power due to passion prejudice or personal hostility.