Discretionary Duty Law and Legal Definition

A discretionary duty is defined as "one requiring the exercise of judgment in its performance, in contrast to a ministerial duty, which is one where nothing is left to discretion--a simple and definite duty, imposed by law, and arising under conditions admitted or proved to exist.” Crowell v. Kirkpatrick, 2009 U.S. Dist. LEXIS 105410 (D. Vt. Sept. 14, 2009)