Manifest abuse of discretion refers to a standard used in American courts to review decisions made by trial judges. This term indicates that a judge has made a decision that is not just questionable, but clearly unreasonable or illogical, often due to a lack of careful consideration. Essentially, it means the judge acted in a way that no reasonable person would, given the facts of the case.
This term is commonly used in various areas of law, including civil, family, and administrative law. It often arises in appeals where a party believes the trial court made a significant error in judgment. Users may encounter this term when dealing with legal forms related to appeals or motions for reconsideration, which can be managed with the right legal templates from US Legal Forms.
Here are a couple of examples of abatement:
For instance, if a judge denies a motion without considering key evidence that could change the outcome, this might be seen as a manifest abuse of discretion. Another example could be a judge imposing a penalty that is excessively harsh compared to the severity of the offense, indicating a failure to exercise sound judgment (hypothetical example).
Examples of state differences (not exhaustive):
| State | Variation |
|---|---|
| Arkansas | Judicial discretion is often reviewed for abuse in family law cases. |
| Washington | Manifest abuse of discretion is a common standard in appeals related to custody decisions. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Abuse of discretion | A broader term indicating a judge's poor decision-making. | Manifest abuse of discretion is a more severe form, indicating clear unreasonableness. |
| Clear error | A standard of review indicating a mistake that is obvious. | Clear error applies to factual findings, while manifest abuse of discretion applies to judicial decision-making. |
If you believe a judge has committed a manifest abuse of discretion in your case, consider the following steps:
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It refers to a clear and unreasonable exercise of discretion by a judge.