discretion
dis·cre·tion /dis-'kre-shən/ n: power of free decision or latitude of choice within certain bounds imposed by law
reached the age of discretion
struck down death penalty provisions administered through unbridled jury discretion — L. H. Tribe: as
a: the power of a judge to use his or her own judgment in making decisions guided by what is fair and equitable and by principles of law see also abuse of discretion
b: the power of a public official or employee to act and make decisions based on his or her own judgment or conscience within the bounds of reason and the law

Merriam-Webster’s Dictionary of Law. . 1996.

discretion
I (power of choice) noun analysis, appraisal, assessment, choice, consideration, contemplation, decision, designation, determination, discrimination, distinction, election, evaluation, examination, free decision, free will, freedom of choice, liberty of choosing, liberty of judgment, license, option, optionality, permission, pick, power of choosing, review, right of choice, sanction, selection, self-determination, suffrage, suo arbitrio, volition, will associated concepts: absolute discretion, abuse of discretion, administrative discretion, arbitrariness, capriciousness, certiorari, judicial discretion, legal discretion, mandemus, prohibition, unreasonableness foreign phrases:
- Optima est lex quae minimum relinquit arbitrio judicis; optimas judex qui minimum sibi. — That is the best system of law which leaves the least to the discretion of the judge, that judge is the best who leaves the least to his own discretion
- Optimam esse legem, quae minimum relinquit arbitrio judicis; Id quod certitudo ejus praestat — That law is the best which leaves the least discretion to the judge; this is an advantage which results from its certainty
- Optimus judex, qui minimum sibi. — He is the best judge who leaves the least to his own discretion.
- Quam longum debet esse rationablle tempus non deflnltur in lege, sed pendet ex discretione justiclarlorum. — How long a reasonable time ought to be is not defined by law, but is left to the discretion of the judges
- Quam rationabilis debet esse finis, non definitur, sed omnibus circum stantiis inspects pendet ex justiclariorum discretione. — What a reasonable fine ought to be is not defined, but is left to the discretion of the judges, all the circumstances being considered
II (quality of being discreet) noun ability to get along with others, acuteness, aesthetic judgment, appreciation, appreciativeness, art of negotiating, artful management, artfulness, artistic judgment, attention, care, carefulness, caution, cautiousness, chariness, circumspection, circumspectness, cleverness, competence, concern, considerateness, consideration, craft, deftness, deliberation, delicacy, diplomacy, discernment, discreetness, discriminating taste, discrimination, discriminatory powers, distinction, expertness, facility, finesse, good sense, guardedness, heed, needfulness, insight, intuition, iudicium, judiciousness, mature responsibility, maturity, mindfulness, nicety, particularness, perception, perspicacity, polish, precaution, presence of mind, providence, prudence, prudentia, qualification, quick judgment, refined discrimination, refinement, regard fulness, resourcefulness, safeguard, sagacity, sagesse, savoir faire, sensitiveness, sensitivity, sharpness, shrewd diagnosis, shrewdness, skill, sound judgment, sound reasoning, statesmanship, strategy, subtlety, sympathetic perception, tact, tactfulness, taste, technique, thoughtfulness, wariness, watchfulness, wisdom associated concepts: absolute discretion, abuse of discretion, administrative discretion, discretion to set aside a judgment, improper exercise of discretion, judicial discretion, prosecutorial discretion, sound discretion foreign phrases:
- Dlscretio est scire per legem quid sit fustum. — Discretion consists in knowing through the law what is just
III index alternative (option), call (option), choice (alternatives offered), diagnosis, discrimination (good judgment), franchise (right to vote), latitude, option (choice), preference (choice), prudence, reason (sound judgment), referendum, volition

Burton's Legal Thesaurus. . 2006


discretion
n.
(1) Independent judgment; freedom and authority to decide how to act; the power given to public officials to act independently in fulfilling their duties.
(2) The ability to recognize the difference between right and wrong.
(3) Prudence; cautiousness; circumspection.
adj.
discreet See also abuse of discretion

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


discretion
The power of a judge, public official, or private party to make decisions based on his or her opinion within general legal guidelines. Discretion is often granted under a contract, trust, or will. Examples:
1) A judge may have discretion as to the amount of a fine or whether to grant a continuance of a trial.
2) A trustee or executor of an estate may have discretion to divide assets among the beneficiaries.
3) A district attorney may have discretion to charge a crime as a misdemeanor or felony.
4) A governor may have discretion to grant a pardon.
5) A planning commission may use its discretion when deciding whether or not to grant a variance to a zoning ordinance.
Category: Bankruptcy, Foreclosure & Debt
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.


discretion
n. The freedom of choice and of action of a judge, prosecutor, or other public official, within the defined scope of his or her responsibilities. For example, in a criminal matter a judge may have wide discretion to release the defendant on recognizance or to demand bail in any amount, based on the judge's view of the defendant as a flight risk.

Webster's New World Law Dictionary. . 2000.

discretion
n.
   the power of a judge, public official or a private party (under authority given by contract, trust or will) to make decisions on various matters based on his/her opinion within general legal guidelines. Examples: a) a judge may have discretion as to the amount of a fine or whether to grant a continuance of a trial; b) a trustee or executor of an estate may have discretion to divide assets among the beneficiaries so long as the value to each is approximately equal; c) a District Attorney may have discretion to charge a crime as a misdemeanor (maximum term of one year) or felony; d) a Governor may have discretion to grant a pardon; or e) a planning commission may use its discretion to grant or not to grant a variance to a zoning ordinance.

Law dictionary. . 2013.

Synonyms:

Look at other dictionaries:

  • discrétion — [ diskresjɔ̃ ] n. f. • 1160; lat. discretio « discernement » → 1. discret I ♦ Vx Discernement; pouvoir de décider. S en remettre à la discrétion de qqn, s en rapporter à sa sagesse, à sa compétence. ♢ Mod. Être à la discrétion de qqn, en dépendre …   Encyclopédie Universelle

  • Discretion — Discretion, Tacuinum Sanitatis casanatensis (XIV secolo) Discretion is a noun in the English language with several meanings revolving around the judgment of the person exercising the characteristic …   Wikipedia

  • discrétion — DISCRÉTION. s. f. Judicieuse retenue, circonspection dans les actions et dans les paroles. Agir, parler avec discrétion. Il a beaucoup de discrétion. Il n a point de dircrétion. Son zèle est sans prudence et sans discrétion. [b]f♛/b] On dit, que… …   Dictionnaire de l'Académie Française 1798

  • discretion — Discretion. s. f. Judicieuse retenuë, circonspection dans les actions & dans les paroles. Agir, parler avec discretion. il a beaucoup de discretion. il n a point de discretion. On dit, d Un homme qui est dans l âge où l on commence ordinairement… …   Dictionnaire de l'Académie française

  • Discretion — Dis*cre tion, n. [F. discr[ e]tion, L. discretio separation, difference, discernment, fr. discernere, discretum. See {Discreet}, {Discern}.] 1. Disjunction; separation. [Obs.] Mede. [1913 Webster] 2. The quality of being discreet; wise conduct… …   The Collaborative International Dictionary of English

  • discretion — c.1300, dyscrecyun, moral discernment, from O.Fr. discrecion or directly from L.L. discretionem (nom. discretio) discernment, power to make distinctions, in classical Latin separation, distinction, from pp. stem of discernere to separate,… …   Etymology dictionary

  • discretion — ou separation, Discrimen. User de discretion, Prudentiam ad omnes res adhibere. Joinct ce que la noble et sage discretion de la Cour sçaura mieux supplier et adviser, Implorare in auxilium suae causae etiam fidem Iudicum, intimosque sensus et… …   Thresor de la langue françoyse

  • discretion — ► NOUN 1) the quality of being discreet. 2) the freedom to decide what should be done in a particular situation. ● discretion is the better part of valour Cf. ↑discretion is the better part of valour DERIVATIVES discretionary adjective …   English terms dictionary

  • discretion — [di skresh′ən] n. [ME discrecioun < OFr discrecion < L discretio, separation (in LL, discernment) < discretus: see DISCREET] 1. the freedom or authority to make decisions and choices; power to judge or act 2. the quality of being… …   English World dictionary

  • Discretĭon — (v. lat.), 1) eigentlich Scheidung, Unterscheidung; daher Discretionsjahre, Jahre der Verstandesreife od. der Mündigkeit; 2) Berücksichtigung; daher Discretionsgeld, so v.w. Centnergeld 1); Discretionstage, so v.w. Respecttage; 3) Anstand u.… …   Pierer's Universal-Lexikon

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