judicial discretion

judicial discretion
A discretion to be exercised judicially rather than arbitrarily. A discretion founded upon the facts and circumstances presented to the court, from which it must draw a conclusion governed by the law. People v Rosner, 78 Cal App 497, 248 P 683. The discretion conferred by statute upon courts with respect to the vacation of judgments is a legal discretion to be exercised in conformity with the spirit of the law and in a manner to subserve and not defeat the ends of justice. King v Mitchell, 188 Or 434, 214 P2d 993, 216 P2d 269, 16 ALR2d 1128. A statutory provision authorizing a public functionary to act in his "discretion" may be construed to mean judicial discretion or not, according to the subject matter involved. Re Anderson, 191 Or 409, 229 P2d 633, 230 P2d 770, 29 ALR2d 1051, 1073.

Ballentine's law dictionary. . 1998.

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