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Abuse Of Discretion
Discretion has the meaning of acting on one's own authority and judgment. In law, discretion as to legal rulings, such as whether evidence is excluded at a trial, may be exercised by a judge. Some view discretion negatively, while some view it positively. Discretion exists at all levels of law enforcement and in many types of front-line bureaucrats. Discretion has been called "the Art of suiting the action to particular circumstances" (Lord Scarman). Those in a position of power are most often able to exercise discretion as to how they will apply or exercise that power. The ability to make decisions which represent a responsible choice and for which an understanding of what is lawful, right or wise may be presupposed. In law In the legal system, discretion is often defined as the ability of a judge to choose where, how and with what severity to sentence a person who has been convicted. A person chooses to utilize his or her options and decides which to use, whether this is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Discretion
Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence. Where appropriate, judicial discretion allows a judge to decide a legal case or matter within a range of possible decisions. However, where the exercise of discretion goes beyond constraints set down by legislation, by binding precedent, or by a constitution, the court may be abusing its discretion and undermining the rule of law. In that case, the decision of the court may be ''ultra vires'', and may sometimes be characterized as judicial activism. In 1824, US Chief Justice John Marshall wrote the following on this subject: Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal di ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Call For Service
A call for service (also known as a job, hitch, incident, callout, call-out, or simply a call) is an incident that emergency services or public safety organizations (such as police, fire departments, and emergency medical services) are assigned to resolve, handle, or assist with. Operationally, a call for service is any incident where emergency services are a third-party intervener, regardless of whether their presence was requested or they came across it in the course of their duties. The term "call" originates from the telephone calls made by the public to emergency numbers to report the incident to dispatchers and request an emergency service response. There are two types of calls for service: ''dispatched calls'', which are made by members of the public through emergency number calls; and ''self-initiated'', ''self-generated'', or ''directed calls'', which are made by emergency services personnel. After a call for service is received, it is given a basic "call type" and desi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Merriam-Webster
Merriam-Webster, Inc. is an American company that publishes reference books and is especially known for its dictionaries. It is the oldest dictionary publisher in the United States. In 1831, George and Charles Merriam founded the company as G & C Merriam Co. in Springfield, Massachusetts. In 1843, after Noah Webster died, the company bought the rights to ''An American Dictionary of the English Language'' from Webster's estate. All Merriam-Webster dictionaries trace their lineage to this source. In 1964, Encyclopædia Britannica, Inc. acquired Merriam-Webster, Inc. as a subsidiary. The company adopted its current name in 1982. History Noah Webster In 1806, Webster published his first dictionary, ''A Compendious Dictionary of the English Language''. In 1807 Webster started two decades of intensive work to expand his publication into a fully comprehensive dictionary, ''An American Dictionary of the English Language''. To help him trace the etymology of words, Webster learned ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Webster's Dictionary
''Webster's Dictionary'' is any of the English language dictionaries edited in the early 19th century by American lexicographer Noah Webster (1758–1843), as well as numerous related or unrelated dictionaries that have adopted the Webster's name in honor. "''Webster's''" has since become a genericized trademark in the United States for English dictionaries, and is widely used in dictionary titles. Merriam-Webster is the corporate heir to Noah Webster's original works, which are in the public domain. Noah Webster's ''American Dictionary of the English Language'' Noah Webster (1758–1843), the author of the readers and spelling books which dominated the American market at the time, spent decades of research in compiling his dictionaries. His first dictionary, s:A Compendious Dictionary of the English Language, ''A Compendious Dictionary of the English Language'', appeared in 1806. In it, he popularized features which would become a hallmark of American English spelling (''c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Idiom
An idiom is a phrase or expression that typically presents a figurative, non-literal meaning attached to the phrase; but some phrases become figurative idioms while retaining the literal meaning of the phrase. Categorized as formulaic language, an idiom's figurative meaning is different from the literal meaning. Idioms occur frequently in all languages; in English alone there are an estimated twenty-five million idiomatic expressions. Derivations Many idiomatic expressions were meant literally in their original use, but sometimes the attribution of the literal meaning changed and the phrase itself grew away from its original roots—typically leading to a folk etymology. For instance, the phrase "spill the beans" (meaning to reveal a secret) is first attested in 1919, but has been said to originate from an ancient method of voting by depositing beans in jars, which could be spilled, prematurely revealing the results. Other idioms are deliberately figurative. For example, "break ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Discretion
Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence. Where appropriate, judicial discretion allows a judge to decide a legal case or matter within a range of possible decisions. However, where the exercise of discretion goes beyond constraints set down by legislation, by binding precedent, or by a constitution, the court may be abusing its discretion and undermining the rule of law. In that case, the decision of the court may be ''ultra vires'', and may sometimes be characterized as judicial activism. In 1824, US Chief Justice John Marshall wrote the following on this subject: Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal di ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Standard Of Review
In law, the standard of review is the amount of deference given by one court (or some other appellate tribunal) in reviewing a decision of a lower court or tribunal. A low standard of review means that the decision under review will be varied or overturned if the reviewing court considers there is any error at all in the lower court's decision. A high standard of review means that deference is accorded to the decision under review, so that it will not be disturbed just because the reviewing court might have decided the matter differently; it will be varied only if the higher court considers the decision to have obvious error. The standard of review may be set by statute or precedent (stare decisis). In the United States, "standard of review" also has a separate meaning concerning the level of deference the judiciary gives to Congress when ruling on the constitutionality of legislation. United States In the United States, the term "standard of review" has several different meanings i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Separation Of Powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is sometimes called the model. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative, although in most non-authoritarian jurisdictions, the judiciary almost never overlaps with the other branches, whether powers in the jurisdiction are separated or fused. The intention behind a system of separated powers is to prevent the concentration of power by providing for checks and balances. The separation of powers model is often imprecisely and metonymically used interchangeably with the ' principl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Independence
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important to the idea of separation of powers. Many countries deal with the idea of judicial independence through different means of judicial selection, or choosing judges. One way to promote judicial independence is by granting life tenure or long tenure for judges, which ideally frees them to decide cases and make rulings according to the rule of law and judicial discretion, even if those decisions are politically unpopular or opposed by powerful interests. This concept can be traced back to 18th-century England. In some countries, the ability of the judiciary to check the legislature is enhanced by the power of judicial review. This power can be used, for example, by mandating certain action when the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Continuance
In American procedural law, a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge ''sua sponte''. In response to delays in bringing cases to trial, some states have adopted "fast-track" rules that sharply limit the ability of judges to grant continuances. However, a motion for continuance may be granted when necessitated by unforeseeable events, or for other reasonable cause articulated by the movant (the person seeking the continuance), especially when the court deems it necessary and prudent in the "interest of justice." Criminal cases In general Although a continuance is the result of a court order issued by the judge in a trial or hearing, it also can come from a statute or law. The terms continuance and postponement are frequently used interchangeably. The burden of scheduling trials, which includes assembling witnesses, lawyers and jurors at the same time, is not usua ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Motion (legal)
In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge (or judges) to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion may be called the ''moving party'', or may simply be the ''movant''. The party opposing the motion is the ''nonmoving party'' or ''nonmovant''. Process In the United States, as a general rule, courts do not have self-executing powers. In other words, in order for the court to rule on a contested issue in a case before it, one of the parties or a third party must raise an appropriate motion asking for a particular order. Some motions may be made in the form of an oral request in open court, which is then either summarily granted or denied orally by the court. This is still common with motions m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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