Abuse of discretion definition

Abuse of discretion means the failure to exercise sound, reasonable, and legal decision-making.

Abuse of discretion standard here means the same thing or has the same effectiveness here as it has in other contexts, or if judgment in this context is understood sufficiently differently to benefit from a different articulation of the standard or even a wholly different mechanism of review. In comparing the idea of discretion and its abuse in this context with the previous contexts, we can see how an inconsistent understanding of the same term in different contexts may cause confusion both about decisionmaking authority in specific cases and about the overarching idea of the judicial role at both the district and appellate levels, and how the exercise of practical judgment plays into those roles.

Abuse of discretion means more than an error of law or judgment; it implies that the trial court’s attitude was unreasonable, arbitrary, or unconscionable. Blakemore v. Blakemore (1983), 5 Ohio St.3d 217, 219, 450 N.E.2d 1140. When applying the abuse-of-discretion standard, an appellate court may not merely substitute its judgment for that of the trial court. Berk v. Matthews (1990), 53 Ohio St.3d 161, 169, 559 N.E.2d 1301.

Examples of Abuse of discretion in a sentence

• To appeal on the basis of discrimination, appellant must identify specific evidence of discrimination (e.g., a comment, statement, or act) and explain how the comment, statement, or act affected their examination outcome.Abuse of discretion or bias - Abuse of discretion is the exercise of judgment made irrespective of the facts.

• Abuse of discretion is established if the supplier has not proceeded in a manner required by law or if the action by the water supplier is not supported by substantial evidence.

• Abuse of discretion exists when a determination is arbitrary, capricious, or without sound basis in fact or law.

• Abuse of discretion “‘connotes more than an error of law or judgment; it implies that the court’s attitude is unreasonable, arbitrary or unconscionable.’” Blakemore v.

• While there are two types of specifications, design and performance, only a design specification creates an implied warranty.

More Definitions of Abuse of discretion

Abuse of discretion means not in the reasonable exercise

Abuse of discretion means clearly against logic; the question is not whether the appellate court agrees with the [trial] court, but whether the [trial] court acted arbitrarily, without employing conscientious judgment,'" or whether, consider- ing all the circumstances, the court acted unreasonably and ignored recognized principles of law, which resulted in substan- tial prejudice. Long v. Mathew, 336 Ill. App. 3d 595, 600, 783 N.E.2d 1076, 1080 (2003), quoting State Farm Fire & Casualty Co.

Abuse of discretion means failure to properly and/or reasonably consider facts and applicable laws

Abuse of discretion. ' means clearly against logic; the question is not whether the appellate court agrees with the circuit court, but whether the circuit court acted arbitrarily, without employing conscientious judgment, or whether, in view of all the circumstances, the court exceeded the bounds of reason and ignored recognized principles of law so that substantial prejudice resulted.'" Long v. Mathew, 336 Ill. App. 3d 595, 600-601, 783 N.E.2d 1076, 1080 (2003),

Abuse of discretion means a gross failure to exercise sound, reasonable, and legal decision-making.

Abuse of discretion means the Board acted in a manner that was unreasonable, arbitrary, or unconscionable. State ex rel. Pipoly v. State Teachers Ret. Sys., 95 Ohio St.3d 327, 2002-Ohio-2219, 767 N.E.2d 719, ¶ 14. When the Board’s decision is supported by “some evidence,” there is no abuse of discretion. HPRS’s decision to award Appellant an off duty disability retirement and deny Appellant an on duty disability retirement was supported by “some evidence,” as the Board relied on the findings of Drs. Tanner and Griesser.

Abuse of discretion means more than an error of law or error of judgment.’ ” Hancock, ¶ 129.