Legal Discretion Law and Legal Definition

Legal discretion is the exercise of judgment by a court of law based on what is fair, in light of the principles of law.

The discretion conferred by statute upon courts with respect to the vacation of judgments is a legal discretion. A legal discretion is to be exercised in conformity with the spirit of the law and in a manner to subserve the ends of justice.

Legal discretion is to be exercised judicially rather than arbitrarily. Legal discretion is the court’s power to act or not act when a litigant is not entitled to demand the act as a matter of right.

Legal discretion is also termed judicial discretion.