Manifest Abuse of Discretion Law and Legal Definition
Manifest Abuse of Discretion is an American standard of judicial review. It refers to discretion exercised improvidently or thoughtlessly and without due consideration. It happens when the trial court's decision is clearly against the logic and the facts of the case. It is one that is obvious, evident, or unmistakable.
The following are examples of caselaw discussing the term:
A manifest abuse of discretion is present if the trial court's discretion is exercised on untenable grounds. [Marriage of Stachofsky, 90 Wn. App. 135 (Wash. Ct. App. 1998)]
A manifest abuse of discretion, means discretion improvidently exercised, i.e., exercised thoughtlessly and without due consideration. [W. E. Pender & Sons, Inc. v. Lee, 2009 Ark. App. 422, 1 (Ark. Ct. App. 200]
