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Discretionary Power: A Comprehensive Guide to Its Legal Meaning
Definition & Meaning
Discretionary power refers to the authority of a judicial appellate body to choose whether or not to hear an appeal. This means that not all cases submitted to an appellate court will be reviewed. The court exercises its discretion based on various factors, such as the significance of the legal questions involved, public interest, and whether the case conflicts with established precedents. This power allows appellate courts to prioritize cases that have the most substantial implications for the law and society.
Table of content
Legal Use & context
Discretionary power is commonly used in appellate law, where courts review decisions made by lower courts. It applies in various legal areas, including:
Civil cases
Criminal cases
Family law cases
Users may benefit from understanding this concept when considering whether to appeal a decision. Legal forms and templates available through US Legal Forms can assist in preparing the necessary documents for an appeal, especially in jurisdictions where discretionary review is applicable.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: In a civil case, a party may seek to appeal a lower court's decision regarding a contract dispute. The appellate court may choose not to hear the appeal if it determines that the case does not raise significant legal questions.
Example 2: In a criminal case, if a defendant is convicted and wishes to appeal, the appellate court may decline to review the case if it finds that the legal issues raised are not of public interest or do not conflict with existing laws. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Discretionary Review Process
Texas
Discretionary review is granted to both supreme courts for civil and criminal cases, except for death penalty cases.
North Carolina
The Supreme Court may consider whether legal questions raised have public interest or conflict with existing precedents.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Mandatory Review
A requirement for a court to hear an appeal.
Discretionary power allows courts to choose, while mandatory review does not.
Writ of Certiorari
A type of discretionary review used by higher courts to review lower court decisions.
Writ of certiorari is a specific application of discretionary power in appellate courts.
Common misunderstandings
What to do if this term applies to you
If you believe discretionary power may affect your case, consider the following steps:
Consult with a legal professional to understand the implications for your appeal.
Explore US Legal Forms for templates that can help you prepare your appeal documents.
Be aware of the specific rules in your state regarding discretionary review.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.