Discretionary Power Law & Legal Definition


Discretionary power is a judicial appellate power, in which the appellate body may decline to hear the appeal. In this, the appellate courts have the discretionary power to decide on which appeals to be considered from among the cases submitted to them. The appeals court will decide substantive cases with the lowest opportunity cost. Granting of writ of certiorari is the discretionary review in U.S. Discretionary review differs from state to state. For example, In Texas, discretionary review is granted to both of the state's supreme courts, for civil and criminal cases and for all but death penalty cases, which the Court of Criminal Appeals is required to review, bypassing the Texas Courts of Appeals. The Supreme Court’s choice to exercise discretionary review depends on whether the particular legal questions raised in the appeal have a public interest, involve important legal principles or conflict with precedents set by prior supreme courts in North Carolina.