Abuse of discretion means the failure to exercise sound, reasonable, and legal decision-making.
Abuse of discretion standard here means the same thing or has the same effectiveness here as it has in other contexts, or if judgment in this context is understood sufficiently differently to benefit from a different articulation of the standard or even a wholly different mechanism of review. In comparing the idea of discretion and its abuse in this context with the previous contexts, we can see how an inconsistent understanding of the same term in different contexts may cause confusion both about decisionmaking authority in specific cases and about the overarching idea of the judicial role at both the district and appellate levels, and how the exercise of practical judgment plays into those roles.
Abuse of discretion means failure to properly and/or reasonably consider facts and applicable laws
Examples of Abuse of discretion in a sentence
Abuse of discretion exists when a determination is arbitrary, capricious, or without sound basis in fact or law.
Abuse of discretion is established if the agency has not proceeded in a manner required by law or if the determination or decision is not supported by substantial evidence.
Abuse of discretion is established if the respondent has not proceeded in the manner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence.” (Code Civ.
Abuse of discretion does not necessarily imply an intentional wrong or bad faith, but simply the failure to exercise reasonable judgment under the circumstances.
Abuse of discretion occurs if the agency has not proceeded in a manner required by law, or if its decision is not supported by substantial evidence.
More Definitions of Abuse of discretion
Abuse of discretion. ' means clearly against logic; the question is not whether the appellate court agrees with the circuit court, but whether the circuit court acted arbitrarily, without employing conscientious judgment, or whether, in view of all the circumstances, the court exceeded the bounds of reason and ignored recognized principles of law so that substantial prejudice resulted.'" Long v. Mathew, 336 Ill. App. 3d 595, 600-601, 783 N.E.2d 1076, 1080 (2003),
Abuse of discretion means that the decision under review is not reasonably supported by any competent evidence in the record. As the Colorado Supreme Court has held, “a court may reverse [the governmental body’s] decision under C.R.C.P. 106 if there is no competent evidence to support its decision, that is, only if ‘the ultimate decision of the [governmental] body is so devoid of evidentiary support that it can only be explained as an arbitrary and capricious exercise of authority.’” City of Colorado Springs v. Board of County Comm’rs of County of Eagle, 895 P.2d 1105, 1109 (Colo.
Abuse of discretion means clearly against logic; the question is not whether the appellate court agrees with the [trial] court, but whether the [trial] court acted arbitrarily, without employing conscientious judgment,'" or whether, consider- ing all the circumstances, the court acted unreasonably and ignored recognized principles of law, which resulted in substan- tial prejudice. Long v. Mathew, 336 Ill. App. 3d 595, 600, 783 N.E.2d 1076, 1080 (2003), quoting State Farm Fire & Casualty Co.
Abuse of discretion means more than an error of law or judgment; it implies that the trial court’s attitude was unreasonable, arbitrary, or unconscionable. Blakemore v. Blakemore (1983), 5 Ohio St.3d 217, 219, 450 N.E.2d 1140. When applying the abuse-of-discretion standard, an appellate court may not merely substitute its judgment for that of the trial court. Berk v. Matthews (1990), 53 Ohio St.3d 161, 169, 559 N.E.2d 1301.
Abuse of discretion means the court’s ruling “is unreasonable, arbitrary, or unconscionable.” Blakemore v. Blakemore, 5 Ohio St.3d 217, 219, 450 N.E.2d 1140
Abuse of discretion means a gross failure to exercise sound, reasonable, and legal decision-making.
Abuse of discretion means the failure to exercise sound, reasonable, and legal