Abuse Of Discretion Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Abuse Of Discretion, written in plain English, along with examples of how it is used.

What is Abuse Of Discretion?

n. if a judge and not a jury have decided issues of fact, an appellate court will apply an abuse of discretion standard of review. Examples would include very harsh sentences, unrealistic fines or punishments, stopping a witness from testifying, etc. The appellate might reverse lower court’s decisions if and only if it clearly becomes a abuse of discretion case.