Legal Definitions
Legal Definitions » A » Abuse of Discretion Law & Legal Definition

Abuse of Discretion Law & Legal Definition

Related to Abuse Of Discretion

Abuse of discretion occurs when a court does not apply the correct law or if it bases its decision on a clearly erroneous finding of a material fact. A court may also abuse its discretion when the record contains no evidence to support its decision. Abuse of discretion is one of the reasons a court of appeals may use to reverse the trial court judgment. 

A judge may be found to commit an abuse of discretion by 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. 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.






Get a Term Defined

Tax & Business Services

Read a Law Digest

  • Need to read the law or find an answer to a legal question? Visit our Law Digest for the largest selection of law digests and answers available.
    Go to Law Digest

Form Packages


Abuse of Discretion Legal Forms

Legal Life

Form Drafting

  • Can′t find the form you need, or need a form we offer revised for your situation? Submit your request and our attorneys will review the request and let you know if the form can be provided.
    Submit a drafting request...
Legal Forms Home

Copyright 1996-2008 USLegal, Inc. - All Rights Reserved.