discretion of court

discretion of court
A scope of authority of determination granted to a trial court which, in the absence of abuse of discretion, accords finality to a determination made, so that it is not reviewable by a higher court. 4 Am J2d A & E § 80. Necessarily a sound discretion, or as it is sometimes stated, a legal discretion. 20 Am J2d Cts § 69. Exercising the best of judgment upon the occasion that calls for it. Tompkins v Sands (NY) 8 Wend 462. Nothing more nor less than a discretion to do in any particular case what the ends of justice demand. Sioux Falls v Marshall, 48 SD 378, 204 NW 999, 45 ALR 447, 451. The sound choosing by the court, subject to the guidance of the law, between doing or not doing a thing, the doing of which cannot be demanded as an absolute right. Chapman v Dorsey, 230 Minn 279, 41 NW2d 438, 16 ALR2d 1015. A court without discretion would be a hobby horse. Watts v State, 22 Tex App 572, 577.

Ballentine's law dictionary. . 1998.

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