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judicial discretion

Defined in 5 dictionaries — Case Law, Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1891)

Definitions from Case Law

From 287 U.S. 216 - Burns v. United States · 1932Most cited · 1,261 citing opinions

That exercise implies conscientious judgment, not arbitrary action. It takes account of the law and the particular circumstances of the case and is 'directed by the reason and conscience of the judge to a just result.

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

See "Discretion."

Ballentine's Law Dictionary

James A. Ballentine · 1916

A judge’s personal determination of matters of fact which are by law intrusted thereto. See Discretion. See, also, 52 N. H. 401, 13 Am. Rep. 55.Discretion . See, also, 52 N. H. 401, 13 Am. Rep. 55.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

See Discbe-

A Dictionary of Law

Henry Campbell Black · 1891

The power confided to a judge to exercise his individual discrimination and opinion in deciding cerrow limits, within which, however, its exer cise is not subject to review. “Judicial discretion” means a discretion to be exercised in discerning the course prescribed by law. 26 Wend. 142.