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Author Topic: Types of abuses of discretion  (Read 1143 times)

3childdad

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Types of abuses of discretion
« on: Nov 12, 2005, 10:45:19 AM »
I am objecting to a friend of the court recommendation and don't know all the different types of abuses of discretion or thier proper names.

1) What are the types of abuses of discretion called?

2) What are some simple examples to explain them?

3 ) What are some characteristic that each may have in thier definition which make them easy to identify in real life applications?


socrateaser

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RE: Types of abuses of discretion
« Reply #1 on: Nov 12, 2005, 09:36:36 PM »
>I am objecting to a friend of the court recommendation and
>don't know all the different types of abuses of discretion or
>thier proper names.
>
>1) What are the types of abuses of discretion called?

There's only one type. A judicial abuse of discretion is a decision by a judge that no reasonable jurist, would make after reviewing the evidence and pleadings in the matter at issue before the court.

>2) What are some simple examples to explain them?

Law says child support should end when child is capable of self supporting. Judge interprets "self supporting" as net disposable income of $50,000 per year, and refuses to terminate support. No reasonable jurist would make such an interpretation. Therefore, decision is an abuse of discretion.

>3 ) What are some characteristic that each may have in thier
>definition which make them easy to identify in real life
>applications?

Inapplicable.


 

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